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CHARTER  AND  SUPPLEMENTS 

OF   THE 


iettttsgltama  JJatlMail  <|imtpiti|, 


ACTS  OF  ASSEMBLY  AND  MUNICIPAL  ORDINANCES 


AFFECTING  THE   COMPANY; 


TOGETHER   WITH    THE 


BY-LAWS  OF  THE  BOARD  OF  DIRECTORS 


PHILADELPHIA: 

1859. 


GIFT   OF 


CHARTER  AND  SUPPLEMENTS 


JJarasjgfairms  Jtoilnrad  dfjrmpttji, 


ACTS  OF  ASSEMBLY  AND  MUNICIPAL  ORDINANCES 


AFFECTING  THE   COMPANY; 


TOGETHER    WITH    THE 


BY-LAWS  OF  THE  BOARD  OF  DIRECTORS. 


PHILADELPHIA 

1859. 


Crisssy  &  Markley,  Printers, 
Goldsmiths  Hall,  Library  st. 


CONTENTS. 


Page. 

Charter,     .                 .                 .                  .                 .  .3-21 

Supplements  to  Charter,     ....  25-40 

Acts  of  Assembly  affecting  the  Company,  .                 .  .       43-75 

Act  for  the  sale  of  the  Main  Line  of  the  Public  Works,  61-70 

Pennsylvania  General  Railroad  Act,                    .                 .  79-89 

Ordinances  of  the  City  of  Philadelphia,     .                 .  .     93-101 

Ordinances  of  the  City  of  Pittsburgh,                  .                 .  102-112 

Ordinance  and  Resolution  of  the  Borough  of  Harrisburg,  .  113,  114 

Ordinance  of  the  Borough  of  Altoona,                .                 .  114 

By-Laws  of  the  Board  of  Directors,            .                 .  .  117-121 

General  Index,  .....  123-141 


345579 


CHARTER 


OF  TIIE 


PENNSYLVANIA  RAILROAD  COMPANY, 


WITH  ITS  SUPPLEMENTS,  &c. 


AN  ACT 

TO     INCORPORATE     THE 

PENNSYLVANIA  RAILROAD    COMPANY. 


Section  1.  That  Thomas   P.  Cope,  Robert  Toland,  William  M.  „    Names  of 

*    '  Commissioners. 

Meredith,  A.  S.  Roberts,  John  K.  Kane,  John  B.  Myers,  Henry 
Welsh,  John  M.  Atwood,  Henry  D.  Gilpin,  John  A.  Brown,  George 
Cadwalader,  Thomas  M.  Petit,  George  W.  Toland,  A.  J.  Lewis,  A. 
G.  Ralston,  David  S.  Brown,  William  C.  Patterson,  Henry  White, 
James  Magee,  Hugh  Campbell,  Henry  M.  Watts,  Gideon  Scull, 
Charles  S.  Wood,  J.  Fisher  Learning,  Thomas  C.  Rockhill,  Thomas 
P.  Hoopes,  Robert  Allen,  Alexander  Fullerton,  John  Welsh,  junior, 
Alexander  Osbourn,  William  Reynolds,  William  S.  Charnley,  B. 
M.  Hinchman,  Townsend  Sharpless,  C.  G.  Childs,  Charles  Hum- 
phreys, Thomas  Tustin,  Thomas  Bobbins,  William  Musser,  Robert 
Steen,  Edward  Siter,  Charles  Macalester,  Joseph  R.  Evans, -.Ed- 
ward Duff,  Henry  M.  Phillips,  Elhanan  W.  Ke'yser,  Hyman  Gratz, 
John  White,  John  J.  Ridgway,  Walter  R.  Johnson,  Elliot  Cres- 
son,  Josiah  Randall,  J.  Rhea  Barton,  John  Swift,  George  Camp- 
bell, G.  R.  Childs,  Hugh  Catherwood,  Horn  R.  Kneass,  James 
Steel,  James  M.  Davis,  Joseph  A.  Clay  and  William  P.  Smith,  of 
the  city  of  Philadelphia ;  Thomas.  Sparks,  Thomas  McCully,  Isaac 
W.  Norris,  George  M.  Stroud,  George  N.  Baker,  James  Martin,  E. 
A.  Penniman,  Abraham  Helfenstein,  Philip  M.  Price,  John  J. 
McCahen,  George  W.  Carpenter,  John  S.  Littell,  Samuel  C.  Ford, 
Benjamin  Crispin,  Nathan  Trotter,  Jacob  Broom,  Thomas  D. 
Grover,  John  Naglee,  Archibald  Wright,  Edward  F.  Gay,  Wil- 
liam S.  Hallowell,  William  English,  Joseph  Lippencott,  Robert 
Fliun,  Jr.,  Christopher  Mason,  John  T.  Smith,  Charles  Brown, 
John  Miller,  Michael  D.  Whartman,  John  S.  Cash,  Joseph  Baker, 
Mitchell  Bomeisler,  Samuel  Jackson,  Peter  Rambo,  John  Robbins, 
George  Shetsline,  Samuel  Ovcnshine,  James  Eneu",  Jr.,  Henry 
Manderfield,  David  F.  Condie,  Benjamin  L.  Berry,  Joseph  Dia- 
moud,  William  Laughlin,  and  Levi  Strickland,  of  the  county  of 
Philadelphia;    Samuel    D.  Ingham,    of  Bucks    county;    Joel    K. 


CHARTER. 


ComrSnoners  Mann>  Charles  Kugler,  of  Montgomery  county;  H.  Jones  Brooke, 
of  Delaware  county  ;  Thomas  S.  Bell,  Francis  James,  Robert  Parke, 
of  Chester  county ;  Alexander  L.  Hays,  Emanuel  C.  Reigart,  John 
N.  Lane,  Reah  Frazer,  Benjamin  G.  Herr,  Edward  Davies,  Reuben 
Mullison,  Bernard  Flinn,  Samuel  Shoch,  John  F.  Huston,  J.  S. 
Clarkson,  Frederick  Hippie,  Reuben  Hause,  of  Lancaster  county; 
Henry  Flannery,  Henry  W.  Smith,  J.  Pringle  Jones,  Henry  A. 
Muhlenburg,  Michael  K.  Boyer,  John  S.  Heister,  William  High, 
William  Heidenreich,  Charles  Keely,  J.  Glancy  Jones,  of  Berks 
county;  Levi  Kline,  of  Lebanon  county;  Valentine  Hummell, 
senior,  William  Ayres,  Jacob  M.  Haldeman,  James  McCormick, 
James  Peacock,  Henry  Buehler,  John  C.  Bucher,  Simon  Cameron, 
David  R.  Porter,  of  Dauphin  county;  Benjamin  Mclntyre,  Robert 
Elliott,  James  McFarlane,  George  Stroop,  Robert  S.  King,  Findley 
McCowan,  Hugh  R.  Wilson,  Henry  Fetter,  and  Jacob  Keiser,  of 
Perry  county  ;  James  Mathers,  Andrew  Parker,  of  Juniata  county ; 
Abraham  S.  Wilson,  James  Criswell,  Reuben  C.  Hale,  Francis  W. 
Rawle,  Moses  Montgomery,  Joseph  Milliken,  Joseph  Ard,  Joseph 
Kyle,  David  Zook,  and  William  Reed,  of  Mifflin  county ;  John  G. 
Miles,  John  Kerr,  A.  P.  Wilson,  Edwin  F.  Shoenberger,  Benja- 
min Leas,  John  McCahan,  John  Long,  Brice  Blair,  Thomas  E. 
Orbeson,  Edward  Bell,  William  Williams,  and  John  Porter,  of 
Huntingdon  county;  James  Irvin,  James  T.  Hale,  W.  W.  Hous- 
ton, James  Potter,  Abraham  S.  Valentine,  Henry  BrokerhofF, 
William  F.  Reynolds,  and  Daniel  Ulman,  of  Centre  county ;  A. 
K  Wright,  A.  B.  Reed,  J.  W.  Smith,  of  Clearfield  county  ;  John 
Linton,  W.  A.  Smith,  John  Mathew,  John  Fenlon,  Peter  Liver- 
good,  Edward  Shoemaker,  Stephen  Lloyd,  and  Richard  Lewis,  of 
Cambria  county;  James  Clark,  George  Mulhollaud,  Jr.,  David 
Ralston,  Daniel  Stanard,  of  Indiana  county;  John  Hill,  J.  R. 
Logan,  John  M.  Laird,  Henry  McBride,  Joseph  Harvey,  Hugh 
Irwin,  S.  L.  Carpenter,  F.  J.  Cope,  Richard  Coulter,  of  Westmore- 
land county;  Jesse  Carothers,  Joshua  Hanna,  Harmar  Denny, 
Thomas  Bakewell,  John  Bigler,  William  Wilkins,  Wilson  McCan- 
dless,  William  McKnight,  William  Eichbaum,  C  McGee,  William 
Larrirner,  James  Marshall,  John  T.  Wilson,  William  R.  Vankirk, 
Samuel  Walker,  E.  Percival,  Andrew  Bayne,  John  Hay,  H.  G. 
Roland,  Hiram  Hultz,  aud  Samuel  W.  Black,  of  Allegheny  county  ; 
Michael  Doudel,  Samuel  Wagner,  Charles  Weiser,  Daniel  Hartman, 
A.  C.  Ramsey,  of  York  county;  Jacob  Mechling,  John  Bredin,  of 
Butler  county ;  Robert  H.  Hammond,  Jesse  C.  Ilorton,  J.  M.  Pol- 
lock, John  Forsyth,  A.  Jordan,  C.  W.  Hegius,  Samuel   Hepburn, 


CHARTER. 


and  E.  Greenough,  of  Northumberland  county;  Ner  Middleswarth,  0 

Robert  Cander,  Henry  Snyder,  John  L.  Watson,  and  Robert  H 

of  the  county  of  Union;  David  Leech,  Philip  Klinginsmith,  and 

Lewis  Brenaman,  of  Armstrong  county;    Henry  Allen,  John  P. 

McGlathery,  David  Norwood,   Samuel  Vanhorn,  William   Magin- 

niss,  dames  Stewart,  James  Culbertson,  Joseph  Pollock,  and  Alva 

Leonard,  of  the  county  of  Beaver;  George  Chambers,   Frederick 

Smith,  and  William  Baker,  of  the  county  of  Franklin  ;  Thomas  H. 

Sill,  Giles  Sanford,  John   H.  Walker,  C.  M.  Reed,  C.  McSparren, 

George  Seldon,  and  John  Galbraith,  of    Erie    county ;    Joel    B. 

Curtis,  Samuel  Goodman,  David  Cortncy,  R.  W.  Cunningham,  and 

John  Iloge,  of  Mercer  county;  Thomas  Ringland,  John  Wishart, 

T.  M.  T.  McKennon,  A.   W.  Acheson,  James  Gordon,   and-  John 

Grayson,  of  Washington   county;    Morrow  B.  Lowry,  J.   Porter 

Brawley,  and  Joseph  Patton,  of  Crawford  county;  Abbott  Green, 

William  Cameron,  Nathan  Mitchel,  Levi  13.  Christ,  Joseph  Casey, 

Henry  C.   Eyre,   of  Union  county;    William  Donaldson,    Joseph 

Paxton,    of  Columbia   county,   be  and  they  are  hereby  appointed 

commissioners,    to  do    and    perform    the  several    acts  and  things 

hereinafter   mentioned,    that  is  to  say,  they,  or  such  of  them  as  Twelve  commis- 

iii  -i  •  i  i  i  i     ii    i     r  sioners  neo  g- 

suall  act  in  the  premises,  not  less  than  twelve,  shall  betore   pro-  sary  to  act. 

cceding  to  the  performance  of  their  duties,  be  respectively  sworn 

or  affirmed  before  an  officer  competent  to  administer  oaths,  well 

and  truly  to  perform  the  duties  enjoined  upon  them  by  this  act; 

and  as  soon  as  conveniently   may  be,    and    within  three  mouths  Subscription 

■J  J  '  books  to  be 

next  after  the  passage  of  this  act,  shall  procure  and  open  suitable  °]"",'tl:,r1  H:'.1" 

r  °  >  r  r  nsbnrg,  Lewis- 

books  at  such  proper  times  and  places  as  they  may  desiguate,  in  t°w"»>  H' 
the  cities  of  Philadelphia,  Lancaster,  and  Pittsburgh,  and  in  the  1"ir--  B1 
boroughs   of   Harrisburg,    Lewistown,    Huntingdon,    Greensburg,  ^ni",  up-.n  30 

c  o'  j  c  j  o»  days'  nonce. 

Blooiufield  and  Blairsville,  and  at  such  other  places  as  they  may 

deem    expedient,  of  which  times  and  places  at  least  thirty  days' 

previous  public  notice  shall  be  given,  in  not  less  than  three  daily 

newspapers  published  in  Philadelphia,  and   in   not  less  than  two 

daily  or  weekly  papers  in  the   other  places  named,  if  so  many  are 

therein    published,    in    which  books  they  shall  enter  as  follows  : 

"  We  whose  names  are  hereunto  subscribed,  do  promise  to  pay  to  Form  of  sub- 
scription to  ibe 
the  President,  Directors,  and  Company  of  the  Pennsylvania  Rail-  stock. 

road  Company,  the  sum  of  fifty  dollars  for  each  and  every  share 

of  stock  set  opposite  to  our  respective  names,  in  such  manner  and 

proportions,  and  at  such  times,  not  exceeding  five  dollars  per  share, 

in  any  period  of  sixty  days,  as  shall  be  determined  by  the  president 

and  directors  of  said  company,  in  pursuance  of  an  act  entitled  '  An 


CHARTER. 


Act  to  incorporate  the  Pennsylvania  Railroad  Company.'  Wit- 
ness our  hands  and  seals,  the  day  of  one  thousand 
eight  hundred  and  ."  And  at  the  times  and  places  so 
designated  and  named  in  the  public  notices  to  be  given  as  aforesaid, 
the  said  commissioners,  by  themselves,  or  by  committees  to  be  by 
t3omi™elfi°per-S  tnem  appointed,  shall  attend  and  furnish  to  all  persons  duly  quali- 
pmi*  duly  qnah-  gecj  wij0  suan  0jfer  t0  subscribe,  an  opportunity  of  so  doing,  and  it 

fied  an  opportu-  '  "  •>  °> 

ni ty  to  sub-       shall  be  lawful  for  all  such  persons,  and  for  all  firms,  COpartner- 
scribe.  r  '  '        l 

T\\ "■  '""bscribe    sn'Ps>  atI^  bodies  politic  and  corporate,  by  themselves,  or  by  per- 
sons duly  authorized,  to  subscribe  for  shares  in  said  stock,    and 
uixhoure aday!  the  sal(i  books  shall  be  kept  open  at  least  six  hours  in  every  juri- 
£.'ssisoooo  Un"  dical  day  for  the  term  of  ten  days,  unless  the  whole  number  of  one 
subscribed.00"6'  hundred  and  fifty    thousand  shares    shall    have   been  sooner  sub- 
scribed, and  if  at  the  expiration  of  ten  days,  the  said  books  shall 
not  have  the  whole  number  of  shares  aforesaid  subscribed  therein, 

Commissioners   the  said  commissioners  may  adjourn  from  time  to  time,  and  trans- 
may  adjourn 

from  time  to      fer  the  said  books  elsewhere,  until  the  whole  number  of  one  bun- 
time. 

dred  and  fifty  thousand  shares  shall  have  been  subscribed,  of  which 

adjournments  and  transfers  the  said  commissioners  shall  give  such 
public  notice  as  in  their  opinion  the  occasion  may   require;   and 
Five  dollars  a     when   the    whole  number  of  shares  before  mentioned   shall    have 
at  the  time  of     been  subscribed,  the  books  shall  be  closed.     Provided,  That  no  sub- 
scription for  such  stock   shall  be  valid  unless  the   party   or  parties 

It  more  than  .  .  ..... 

capitaisub-        making  the  same  shall,  at  the  time  ot  subscribing,  pay  to  said  com- 

scribed.  shares  .      . 

tube  ratc-abiy  missioners  five  dollars  on  each  and  every  share,  for  the  use  of  the 

Shares  inoreas-  company.     And  provided  further,  That  if  more  than  one  hundred 

23, 18S2.  sec.  i,  and  fifty  thousand  shares  shall    have  been  subscribed    within  ten 

titer  increased  days,  and  before  the  closing  of  the  books  as  aforesaid,  the  commis- 

hv  act  of  May  6,     .  ... 

1852, sec. 4, post,  sioners  shall  reduce  the  subscriptions  pro  rata  as  near   as   practica- 

p.  48.     Further  .  , 

increased  by       ble,  in  such  manner  as  to  them  may  appear  equitable,  until  the 

sup.  May  2. 1855,  '  , 

see. i, post. p. 38,  number  or  shares  do  not  exceed  one  hundred  and  fifty  thousand,  but 

and  fur  her  in-  .      . 

creased  by  act  of  no  subscription  for  ten  shares  or  under  shall  be  so  reduced. 
Bec.3.post,p.62.       Section  2.  That  when  fifty  thousand  shares  or  more  of  the  said 
.  .  stock  shall  have  been   subscribed,  and  five  dollars  paid  on  each  and 

Commissioners  l 

to  certify  to  the  every  share  as  aforesaid,  the  said  commissioners,  acting  in  the  pre- 

governor.  under  ^  '  °  * 

qualification,      mises  as  aforesaid,  or  a  majority  of  them,  shall  certify  to  the  governor. 

the  number  of  '  *"  •'  '  J  b  ) 

BharesBub-        which  certificate  shall   be  verified  by  the  oath  or  affirmation  of  at 

scribed.  J 

least  two  of  said  commissioners,  the  names  of  the  subscribers  and 
when  50  ooo  ^ie  num':)er  °f  shares  subscribed  by  each,  and  that  five  dollars  on 
Bhares  are  sub-   each  have   been  paid;  whereupon   the   governor   shall,   by  letters- 

BCnbed,  and  j;5  i  >  r  o  j 

a  share  paid,      patent  under  his  hand  and  the  seal  of  the  commonwealth,  create  and 

governor  to  *  ' 

issue  letters-      constitute  the   subscribers,  and  if  the  subscription  be  not  full   at 


CHARTER. 


the  time,  those  who  shall  thereafter  subscribe  to  the  number  of 
shares  aforesaid,  their  successors  and  assigns,  into  a  body  politic 

'  .  '        '  J    .r  The  title  of  the 

and  corporate  in  deed  and  in  law,  by  the  name,  style  and  title   of  corporation  to 

1  m  '     J  .  be '•  The  Penn- 

"  The  Pennsylvania  Railroad  Company,"  and  by  the  said  name,  »yivania Rail- 
road Company." 
style  and  title,  the  said  subscribers  shall  have  perpetual  succession, 

with  all  the  privileges,  franchises  and  immunities  incident  to  a  cor- 
poration, and  be  able  to  sue  and  be  sued,  plead  and  be  impleaded, 
in  all  courts  of  record   and   elsewhere;  and   to    purchase,   receive, 

have,   hold,   use  and  enjoy,   to  them  and  their  successors,   lands,  Ordinary fran- 
i  i  t  -l  •  ii         chises. 

tenements  and  hereditaments,  engines,  lo3omotives,  cars,  goods,  chat- 
tels, and  estate  real  and  personal,  of  what  hind  or  quality  soever; 
and  the  same  from  time  to  time  to  sell,  exchange,  mortgage,  grant, 
alien,  or  otherwise  dispose  of;  aud  to  make  dividends  of  such  por- 
tion of  the  profits  as  they  may  deem  proper,  and  also  to  make  and 
have  a  common  seal,  and  the  same  to  alter  and  renew  at  pleasure, 
and  also  to  ordain,  establish,  and  put  in  execution  such  by-laws, 
ordinances,  and  regulations  as  shall  appear  necessary  or  convenient 
for  the  government  of  said  corporation,  not  being  contrary  to  the 
constitution  and  laws  of  the  United  States,  or  of  this  common- 
wealth ;  and  generally  to  do  all  and  singular  the  matters  and  things 
which  to  them  it  shall  lawfully  appertain  to  do  for  the  well-being 
of  said  corporation,  and  the  due  ordering  and  management  of  the 
affairs  thereof.     Provided ,  That  nothing  herein   contained  shall  be  Nnt *9  be  con" 

'  °  strueil  as  in- 

so  construed  as  in  any  way  giving  to  said  corporation  any  banking  eluding  hanking 
privileges  whatever,  or  any  other  liberties,  privileges  or  franchises 
but  such  as  may  be  necessary  or  convenient  to  the  procuring,  own- 
ing, making,  maintaining,  regulating,  and  using  said  railroad,  the 
locomotives,  machinery,  cars  and  other  appendages  thereof,  and  the 
conveyance  of  passengers,  the  transportation  of  the  mail,  and  of 
goods,   merchandise,  commodities  and   things  thereon.     And  pro- 

°  '  '  °  -*  To  purchase 

vided  further,  That   said   company  shall  not  purchase  or  hold  any  arid  h"w  re,al 

•r  *  r      J  r  J   estate  f0r  the 

real  estate  except  such  as  maybe   necessary  or  convenient  for  the  ro&Mng  and  ac- 

1  »  •»  commodation  of 

making  and  constructing   of  said  railroad,  or   for  the  furnishing  of  the  railroad 
materials  therefor,  and  for  the  accommodation  of  depots,   offices, 
warehouses,   machine-shops,  toll-houses,  engine  and  water-stations,  Debtsnever  to 
and  other  appropriate  appurtenances,  and  for  the  persons  and  things  tfcapitaJpaid* 
employed  or  used  in  or  about  the  same.     Provided,  That  the  whole  AprufiloT.'post! 
amount  of  debts    or  other  liabilities   of  said  company,  including  to^ncreaBe"263 
loans,  shall  not  at  any  time  exceed  one-half  of  the  amount  of  capital  ^0SfMayi6 
actually  paid  in.     And  provided  further,  That  no  part  of  the  capital  i8W,«sc8,pos^ 
stock  or  other  funds  of  the  company  shall  be  at  any  time,  directly  made^>^dS«c- 
or  indirectly,  loaned  to  any  director,  officer,  or  agent  of  said  company.  a°re'utfficer' or 


CHARTER. 


Commissioners        Sectton  3.  The  said  commissioners,  or  a  majority  of  thorn,  act- 
to  give  20  days'    .... 

notice  to  orga-    ing  in  the  premises  as  aforesaid,  shall,  as  soon  as  conveniently  may 

nize  and  elect  °  .  .  . 

directors.  be  after  the  said  letters  patent  shall  have  been  obtained,  appoint  a 

time  and  place  for  the  subscribers  to  meet  in  order  to  organize  the 
said  company,  and  shall  give  at  least  twenty  days'  previous  notice 
thereof  in  the  various  papers  before  mentioned,  and  tbe  said  sub- 

Qualifications  ..  ,  1111111  i  1  •  r     1 

ofadirector.      scnbers,  when  met,  snail  by  ballot  elect,  by  a  majority  or  the  votes 

Altered,  see  sec.  ...  ,  .,  .    .  ..  11       » 

s  sup.  May  2.     present,  to  be  given  in  person  or  by  proxy,  thirteen  directors,  all  or 
..t  '  .    '  !    '  whom  shall  be  citizens  and  residents  of  this  Commonwealth,  and  shall 

At  their  first 

meeting,  the  di-  be  owners  respectively  of  at  least  twenty  shares  in  the  stock  of  said 

rectors  shall  i  j  j 

choose  a  presi-  company;  the  said  directors  and  those  thereafter  to  be  chosen  in 
May  elect  avice  pursuance  of  the  provisions  of  this  act,  at  their  first  meeting  shall 

President,  see       r  r  >  o 

March Sis5:fJd  ch°ose  by  ballot  one  of  their  own  number  as  president  of  said  com- 
post, p. 35.         pany,  and  the  said  president  and  directors  shall  conduct  and  manage 

President  and  .  •  i      i        r>  n  t        i        *~  / 

directors  shall    the  affairs  and  business  or  said  company  until  the  first  Monday  of 

serve  uutil  first  . 

Monday  of  June  June  then  next  ensuing,  and  until  others  are  chosen,  and  may  make, 

sue    -...ling,  and  . 

until  others  are  ordain,  and  establish  such  by-laws,  rules,  orders  and  regulations, 

chosen. 

Annual  meeting  and  do  and  perform  such  other  matters  and  things  as  are  by  this  act 

of  stockholders  . 

to  take  place  on  authorized. 

Decatany  Section  4.  That  the  stockholders  shall  meet  on  the  first  Monday 

place  designated     „  ,  ,  .     „.  . 

in  the  bylaws,    of  December  in  every  year,  at  such  place  in  this  Commonwealth  as 

on  2u  days' no-  . 

tk-e  in  three  or   may  be  designated  by  the  by-laws  of  the  company,  of  which  at 

more  newspa-  .  .  . 

pers,anddirec-   least  twenty  days   previous  notice  shall  be  given  in  three  or  more 

Changed  to  first  daily  newspapers  published  in  the  city  of  Philadelphia  and  else- 
Monday  of  Feb.  .  ,  n  „ 
by  2d  sec.  Act    where,  as  the  board  shall  direct,  and  choose  by  a  majority  of  votes 

26th  April,  1850;     .  .  _.  ,.„     1  .,,.,,..  r 

seep. 32.  thirteen  directors,  qualified  as  provided  in  the  preceding  section,  lor 

Annual  election     .  .  .  . 

ofdirectorsto     the  year  ensuing,  who  shall  continue  in  office  until  the  next  annual 

first  Monday  of  .  .  . 

March  by  sec  2,  election,  and  until  others  are  chosen;  at  which  annual  meeting  the 

Sup.  Mav  2,1855,        ..  i  ,     ,  !  -ini  on  i  i        •  i  i 

post.  p.  38.         said  stockholders  shall  have  lull  power  and  authority  to  make,  alter, 

St  ckholders  .  ..  . 

may,  at  annual  or  repeal,  by  a  majority  ot  the  votes  given,  any  or  all  such  by-laws, 
alter,  or  repeal'  rules,  orders,  and  regulations  as  aforesaid,  and  do  and  perform  every 
stockholder's      other  corporate  act  authorized  by  their  charter.     The  stockholders 

may  be  conven-  .  ,  .       .  ,  . 

ed  by  president  may  meet  at  such  other  times  and  places  as  they  may  be  sum- 

or  directors  at  iii  •  i  it  •  i 

any  other  time   moned  by  the  president  and  directors  in  such  manner  and  form,  and 

and  place,  in  .    .  .  .  .  m      t    i  i        i       i 

pursuance  of      giving  such  notice  as  may  be  prescribed  by  the  by-laws;  and  the 

the  by-laws,  .  _  .  ...  „  ieiiii 

presi  lent,  on      president,  on  the  request,  in  writing,  ot  any  number  ot  stockholders 

request  of  stock-  .  .  ,  .     .  ,  .    . 

holders  repre-     representing  not  less  than  one-tenth  in  number  and  interest,  shall 

sentingone-  ..  .  ......  .  .  .  .„ 

tenth  in  num-     call  a  special  meeting,  giving  the  like  notice,  and  stating  specifically 

berand  interest     ,  -  .  .  .  iii-  i    •     "^         i 

of  stock,  may  the  objects  ot  such  meeting;  and  the  objects  stated  in  such  notice, 
meetingofs'tock-  and  no  other,  shall  be  acted  upon  at  such  meeting;  nor  shall  any 
Caii  to  state  the  business  be  transacted  at  any  such  special  meeting,  unless  a  majority 

specific  object  of     «,-...-,      '  .         .  , 

meeting,  and  no  ot  the  stock  shall   be   there   represented;    but  the  meeting  may 


CHARTER. 


adjourn   from   day   to   day,   or  until   such   times  as  a  majority  in  oti 

J  J'  j        j         shall  be  trana- 

interest  shall  be  present.  acted. 

Section  5.  That  the  elections  for  directors  provided  for  in  this  Mode  of  con- 
act,  shall  be  conducted  in  the  following  manner,  that  is  to  say:  at  ■ 
the  first  election,  the  commissioners  shall  appoint  three  stockholders, 
not  being  candidates,  to  be  judges  of  the  said  election,  and  to  hold  ' 
the  same:  and  at  every  succeeding  election,  the  directors  for  the  ■■ 

tor  dn 

time  being  shall  appoint  three  stockholders,  who  shall  not  be  direc- 
tors nor  candidates,  for  the  like  purpose ;  and  the  persons  so  ap- 
pointed by  said  commissioners  and  directors,  shall  respectively  take 
and  subscribe  an  oath  or  affirmation  before  an  alderman  or  justice  of 
the  peace,  well  and  truly,  according  to  law,  to  conduct  such  election 
to  the  best  of  their  knowledge  and  ability,  and  the  said  judges  shall 
decide  upon  the  qualifications  of  voters,  and  when  the  election  is 
closed,  shall  count  the  votes  and  declare  who  have  been  elected;  and 
if  it  shall  at  any  time  happen  that  an  election  of  directors  shall  not  ifno  election  u 
be  made  at  the  time  specified,  the  corporation  shall  not  for  that  rea-  SJ^beheM™ 
son   be  dissolved,  but  it  shall  be  lawful  to  hold  and  make  such  " lonj \'^h™ \en 
election  of  directors  on  any  day  within  three  months  thereafter,  by   ajs  uollce- 
giving  at  least  ten  days'  previous  notice  of  the  time  and  place  of 
holding  said  election,  in  the  newspapers  aforesaid,  and  the  directors 
of  the  preceding  year  shall  in  that  case  continue  in  office,  and  be 
invested  with  all  powers  belonging  to  them  as  such,  until  others  are 
elected  in  their  stead.     In  case  of  the  death,  resignation  or  removal  Directors  to  rap- 
from  this  State  of  a  director,  or  a  failure  to  elect,  in  case  of  a  tie  [heir  wnbody; 
vote,  or  in  case  any  one  of  them  ceases  to  be  qualified  to  act  as  a  ye  TOte?aSe  °  * 
director  in  the  manner  hereinbefore  provided,  the  vacancy  may  be  M%S2C'i3s'o5np' 
filled  by  the  board  of  directors.     At  all  general  meetino-s  or  elections  po=t'35' 

J  °  °  Each -hare  en- 

by  the  stockholders,  each  share  of  stock  shall  entitle  the  holder  titud  t00ne 

J  '  vote.     See  1st 

thereof  to  one  vote,  and  each  ballot  shall  have  endorsed  thereon  the  Jf5-  S,"P-  27tn 

March,  1848; 

number  of  shares  thereby  represented,  but  no  share  or  shares  trans-  P°st>  i'-  -3- 
ferred  within  sixty  da}rs  next  preceding  any  election  or  general  fened  within  eo 
meeting  of  the   stockholders   shall   entitle   the  holder  or    holders  ti',.n  n<>t  to  en- 
thereof  to  vote  at  any  such  election  or  general  meeting ;  nor  shall  to  a  vote.' 
any  person  or  party,  females  excepted,  residing  within  ten  miles  of  Jnai^wiufin  fe" 
the  place  appointed  for  any  such  election  or  general  meeting,  be  ^neSu'meet1- 
entitled  to  vote  by  proxy.     No  person  shall  represent  by  proxy  more  '"f;*0 TOte by 
than  three  absent  stockholders,  nor  shall  any  proxy  be  received,  or  No  person  shall 

J    r         J  represent  by 

entitle  the  holder  thereof  to  vote,  unless  the  same  shall  bear  date,  p««y  more 

than  three  ab- 

and  have  been  duly  executed  and  acknowledged  before  some  person  sent  stoekhoid- 
legally  authorized  at  the  place  of  executing  the  same  to  take  such  proxies  to  he 
acknowledgments,   within  the  three  months  next  preceding  such  within  three 


10  CHARTER. 


months  of  the    election  or  general  meeting,  and  every  such  proxy  received  and  voted 

election. 

Proxies  voted  upon  as  aforesaid,  shall  be  retained  and  filed  amongst  the  papers  of 
among  the  p^  the  company  until  after  the  next  annual  election  or  general  meeting, 
pany?     ecom"  subject  to  the  inspection  or  examination  of  any  stockholder  who 

may  desire  it. 
The  powers  of        Section  6.  That  the  president  and  directors  for  the  time  being 

the  corporation 

to  be  exercised   are  hereby  authorized  and  empowered  to  exercise  all  the  powers 

by  the  president 

and  directors,     granted  to  the  corporation.     They  shall  meet  at   such  times  and 

places  as  shall  be  by  them  deemed  most  convenient  for  the  transac- 

Seven  to  form  a  tion  of  their  business,  and  when  met,  seven  shall  be  a  quorum; 

quorum. 

The  president,    the  president,  if  present,  shall  preside  at  all  meetings  of  the  board, 

when  present,  .  . 

to  preside.  and  when  absent,  the  board  shall  appoint  a  president  pro  tern. 
The  directors  to  They  shall  keep  minutes  of  their  proceedings  fairly  entered  in  a 

keep  fair  mi-  J  ^  f  a  J 

nutes  of  their  suitable  book  to  be  kept  for  that  purpose;  they  shall  choose  a  sec- 
proceedings.  *  11/./ 

May  choose  se-  retary  and  treasurer,  and  may  appoint  or  employ  all  such  officers, 

cretary.  treasu-  .  ....  , 

rer.  and  other     engineers,  agents,  superintendents,  artisans,  workmen,  or  other  per- 

officers.  .....  ,  , 

sons,  as  in  their  opinion  may  be  necessary  or  proper  in  the  conduct- 
ing and  management  of  the  affairs  and  business  of  said  corporation, 
at  such  times,  in  such  manner,  and  under  such  regulations  as  they 
May  require  se-  may  from  time  to  time  determine ;  they  may  require  security  in 

curity  from  any  .  ,  ,  i?  l  c        •  i 

of  their  officers  such  amounts  as  they  may  deem  necessary,  ot  each  or  any  ot  said 
officers  or  other  persons  by  them  appointed  or  employed,  and  gene- 
rally to  do  all  other  such  acts,  matters,  and  things,  as  by  this  act 
and  the  by-laws  and  regulations  of  the  said  company  they  may  be 

The  treasurer     authorized  to  do.     The  treasurer  of  said  company  shall  enter  into 

shall  not  give 

less  than  one  or  rnore  sureties,  satisfactory  to  the  president  and  directors,  in 

$30,000  secu-  '  J  r  ^  ? 

nty.  a  sum  not  less   than  thirty  thousand  dollars,  conditioned  for  the 

The  condition     faithful  discharge  of  all  the  duties  of  his  office  while  he    shall  con- 

oi  the  bond  of  ° 

the  treasurer,  tinue  to  hold  the  same,  and  for  faithfully  accounting  for  and  paying 
over  according  to  law  and  the  by-laws  of  the  company,  all  moneys 
that  may  come  into  his  hands  as  treasurer  aforesaid,  and  for  the 
payment  to  his  successor  in  office,  or  other  person  authorized  by  the 
president  and  directors  to  receive  the  same,  the  balance  of  all  such 
moneys,  and  in  like  manner  for  the  delivery  to  said  successor,  or 
other  person  authorized  as  aforesaid,  all  books,  papers,  documents, 

The  bond  to  be   accounts  and  property  that  he  may  have  or  hold  by  virtue  of  his 

renewed  at  least  iiiiii/»i  lni  i 

once  in  two       office,  and  the  bond  or  bonds  or  the  treasurer  shall  be  renewed  at 

years.  , 

least  once  in  every  two  years. 
Salaries  and  Section  7.  The  president  and  directors  shall  fix  the  amount  of 

salaries  and  wages  of  the  several  officers,  engineers,  and  agents  em- 
No  director  to    ployed  by  them,  but  no  director  shall  be  allowed  any  compensation 
be  allowed  com- 
pensation but     but   the   president,   whose   salary  shall  be  fixed  by  the  vote  of  a 

the  president.  _  " 

majority  of  all  the  directors. 


CHARTER.  11 


Section  8.  That  the  president  anil  directors  first  chosen  slmll  Certmi  • 

Btock  to  i  e  deii- 
procure  certificates  or  evidences  01  BtOCK   for  all   the  shares  of  the  Tered  to  the 

ill-. 

said  company,  and  shall  deliver  one  or  more  certificates  or  evidence  •, 
signed  by  the  president  and  countersigned  by  the  treasurer,   ami  H  ■•■  i 

c  J  l  •  .  d.  coiiDtei^ 

scaled  with  the  common  seal  of  the  corporation,  to  each  person  or  signed  and 

part)*  entitled  to  receive  the  same,  according  to  the  number  of  shares 
by  him;  her,  or  them,  respectively  subscribed  or  held,  which  certifi- 
cates or  evidences  of  stock  shall  be  transferable  at  the  pleasure  of  Stock  transfer- 

.....  -liii  ii  ii  ii  mI   !'''  ■'•||le 

the  holder,  in  a  suitable  book  or  books  to  be  kept  by  the  company  in  thep 

C  1  •  1  11  1  •  1        •  1         "'    ""'  l,r' 

tor  that  purpose,  in  person  or  by  attorney  duly  authorized,  in  the  or  treasurer. 
presence  of  the  president  or  treasurer,  subject,  however,  to  all  pay- 
ments due  or  to  become  due  thereon  :  and  the  assignee  or  party  to  The  transferee 

l        J  ol  Bto  k  to  be  a 

whom  the  same  shall  have  been  so  transferred,  shall  be  a  member  member  of  the 

r       .  ,  .  ,.  ,.  Hi-  ••  ••     corporation. 

ot  said  corporation,  and  have  and  enjoy  all  the  immunities,  privi- 
leges and  franchises,  and  be  subject  to  all  the  liabilities,  conditions 
and  penalties  incident  thereto,  in  the  same  manner  as  the  original 
subscriber  would  have  been.     Provided,  That  no  certificate  shall  be  Btock  uc-tpafd0 
transferred  so  long  as  the  holder  thereof  is  indebted  to  said  com-  ferred  without " 
pany,  unless  the  board  of  directors  shall  consent  thereto.  thedire«ors! 

Section  9.  The  capital  stock  of  the  company  shall  be  called  in,  Thecapitai 
and   paid   at   such   times  and  places,  and  in  such  proportions  and  called  in,  at  the 
instalments,  not  however  exceeding  five  dollars  per  share,   in  any  share,  every  60 

days. 

period  of  sixty  days,  as  the  directors  shall  require,  of  which  public  p„biic  notice 

notice  shall  be  given,  for  at  least  three  successive  weeks  next  pre-  siTOweek^to68" 
ceding  the  time  or  times  appointed  for  that  purpose,  in  the  news-  ^fTth")   (S  e 
papers  last  above  mentioned  ;  and   if  any  stockholder  shall  neglect  stockholders 

i  •  -i  ii  i  i  liable  b>  pay 

to  pay  such  a  proportion  or  instalment  so  called  for,  at  the  time  and  one  per  cent,  a 
place  appointed,  he,  she,  or  they,  shall  be  liable  to  pay,  in  addition  staiments  die 
to  the  proportion  or  instalment  so  called  for,  at  the  rate  of  one  per 


cent,   per  month  for  the  delay  of  such  payment-  and  if  the  same  if  instalments 
and  the  additional  penalty,  or  any  part  thereof,  shall  remain  unpaid  a part/remain* 
for  the  period  of  six  months,  he,  she  or  they  shall,  at  the  discretion  months,  tie 
of  the  directors,  forfeit  to  the  use  of  the   company,  all  right,  title  forfeited.*3 
and  interest  in,  and  to  every  and  all  share  or  shares,  on  account  of 
which  such  default  in  payment  may  be  made  as  aforesaid;  or  the0rsuit        be 
directors  may,  at  their  option,  cause  suit  to  be  brought  before  any  brousht- 
competent  tribunal,  for  the  recovery  of  the  amount  due  on  such 
shares,  together  with  the  penalty  of  one  per  cent,  per  month  as 
aforesaid;  and  in  the  event  of  a  forfeiture,  the  share  or  shares  so  reposition  of 
forfeited  may  be  disposed  of  at  the  discretion  of  the  president  and 
directors,  under  such  rules  and  regulations  as  may  be  prescribed  by  a  stockholder 
the  by-laws;  no  stockholder  shall  be  entitled  to  vote  at  any  election,  ptx?ortheeif  a 


12  CHARTER. 


whole  of  any  in- nor  at  any  general  or  special  meeting  of  the  company,   on  whose 

Btalment  be  un-    ,  f    b  .         \  °  ,       , 

paid  more  than  share  or  shares  any  instalment  or  arrearages  may  be  due,  more  than 

SO  davs  belore  .  .... 

election.  thirty  days  next  preceding  said  election  or  meeting. 

Xi-J^in May      Section  10.  That  dividends  of  so  much  of  the  profits  of  said 

and  November.  Cpmpanyj  as  shall  appear  advisable  to  the  directors,  shall  be  declared 


Payable  after 
ten  days  from 
declaration 


in  the  months  of  Slay  and  November,  in  each  and  every  year,  and 

be  paid  to  the  stockholders,  or  their  legal  representatives,  on  appli- 

Changedto  so    catiUI3  at  the  office  of  said  company,  at  any  time  after  the  expiration 

days  by  Pup.  r       J  J  J  r 

May  21, 1857,  p.  often  days  from  the  time  of  declaring  the  same;  hut  the  said  divi- 
.    dends  shall  in  no  case  exceed  the  amount  of  the  net  profits  actually 

Dividends  nntto  x  J 

exceed  the  net    acquired  by  the  company,   so  that  the  capital  stock  shall  never  be 

profits  ot  the        _      1     _  J  V      J>  f 

company.  impaired  thereby ;  and  if  the  said  directors  shall  make  any  dividend, 

which  shall  impair  the  capital  stock  of  the  company,  the  directors 

Directors  con-  *  r  ... 

senting  to  make  consenting  thereto  shall  be  liable,  in  their  individual  capacities,  to 

dividends  out  of  °  _ 

the  capital,  to     jfie  sajj  company,  for  the  amount  of  capital  stock  so  divided,  reco- 

be  liable  there-  . 

for.   (See 2d      verable  by  action  of  debt,  as  in  other  cases;  and  each  director  pre- 

sec.  Sup.  2,th  J  '  '  r 

Biarch.  1848,      sent,  when  such  dividend  shall  be  declared,  shall  be  considered  as 

post,  page  2 1.)  ' 

Director  to  he     consenting    thereto,    unless  he  forthwith  enter  his  protest  on  the 

considered  as  °  '  * 

consenting un-   minutes  of  the  board,  and  give  public  notice  to  the  stockholders  of 

less  he  enters  °  r 

protest  on  the    ^g  declaring  of  such  dividend.     Provided,  however,  That  after  bona 

minutes  forth-  o  > 

with.  jije  contracts  shall  have  been  made  for  the  immediate  construction 

When  fifteen      0f  fifteen  miles  of  road,  at  each  end  thereof,  a  sum  equal  to  five  per 

miles  at  each  "  i  r 

endofroadare  centum  per  annum,  on  all  capital  stock  of  said  company  actually 

put  under  con-  r  r  r       j  j 

tract,  5  per  cent.  pajjj   jn     snan    De   estimated    and  credited  to  the  several  holders 

prr  annum  to      r  i 

btoCkeditiddinn    thereof,  on  account  of  the  amounts  payable  by  them,  respectively, 
Provisoes  re-      for  gtock  subscribed  ;  and  shall  so  continue  to  be   estimated   and 

pealed,  2d  sec.  ' 

fiaich7ti8t8-      credited,  until  one  hundred  miles  of  said  railroad,  that  is  to  say: 
see  post.  p.  27;    gfty  m;ies  thereof,  commencing  at  the  city  of  Pittsburgh  and  extend- 

but  sne  last  pro-         J  o  J  o 

▼iso  to  Jds'-c.  of  -D    eastward,  and  fifty  miles  thereof,  commencing  at  the  easternmost 

tins  act,  ante,  o  )  j  o 

when  so  miles   terminus  of  said  road,  and  extending  westward,  shall  be  completed 
road  from  each  ancj  m  uge   wnjcn  SA\^  estimates  and  credits  shall  be  estimated  and 

end  are  done  ' 

and  in  use,  the  considered  as  part  of  the  cost  of  construction  :  And  provided  further, 

credit  oi  a  per  r  r  •> 

cent,  per  annum  rfhat  no   dividends   of  profits   shall    be   made,    until   one   hundred 
to  be  uiscon-  *  ' 

\\nn^\.    .  t   miles  of  said  railroad  shall  be  completed,  and  in  use,  as  is  specified 

No  dividends  to  "  '  '  r 

50  miie ''r"r'd  at In   ^8   f°reg°ing   proviso;    and   if  any   loan   of  any   part   of   the 
each  end  be       money  received  on  the  subscription  to  the  stock  be  made  to  any 

done  and  in  use.  J  r  J 

Aloanofany     officer,  stockholder,  or  agent  of  the  said  company,  or  to  any  other 

money  received  '  ~  r      J '  J 

as  stock  to  be     person   or  corporation,  it  shall   be  deemed  and  taken  as  a   viola- 
taken  as  a  vio-     r  i  j 

lation  and  for-    tion  and  forfeiture  of  the  charter  authorized  bv  this  act,  to  be  asccr- 

feiture  ol  the  <i 

charter.  tained  and  declared,  as  provided  in  the  twenty-fourth  section  of 

this  act. 


CHARTER.  13 


SECTION  11.  That  the  president  and  directors  of  said   company,  Company  to  fix 

mute,  bi 

shall   have    power  and   authority  by   themselves,   their  engineers,  ■ 

:i  grave  yard, 

superintendents,  agents,  artisans,   and  workmen,  to  survey,  ascer- church  or  dweii- 

1  '     c  '  »'  ing  house,  a-  to 

tain,  locate,  fix,  mark  and  determine  such  route  for  a  railroad  as  dwelling-houses 
'  '  construed 

they  may  deem  expedient,  not  however  passing  through  any  bury-  sect  Pup  27th 

J  J  l  »  .  March,  1848, 

ing-ground,  or  place  of  public  worship,  or  any  dwelling-house,  with-  post,  p.  27,  an  i 

out  the  consent  of  the  owner  or  owners  thereof,  and  not,  except  in  nth  i 

poet,  p.  36. 

the  neighborhood  of  deep  cuttings  or  high  embankments,  or  places 

b  r  .  The  ground  to 

selected  for  sidings,  turn-outs,  depots,  engine  or  water  stations,  to  °« ^ken  for  the 

.         ,  '  to  '         railroad  nol  to 

exceed  four  rods  in  width,  and  thereon  to  lay  down,  erect,  construct  exceed  i 

J  '  width,exceptfor 

and  establish  a  railroad  with  one  or  more  tracks,  with  such  branches  deep  cuts,  side- 

iugs,  depot 

or  lateral  roads  as  are  hereinafter  mentioned,  and  with  such  bridges, 
viaducts,  turn-outs,  sidings,  or  other  devices,  as  they  may  deem 
necessary   or  useful,   beginning   at  and  uniting  with  the  western  Tr>  "nit" ™fh 

J  '    .    °  °  °  the  Harrisburg 

terminus  of  the  Harrisburg,  Portsmouth,  Mountjoy  and  Lancaster  railroad,  if  that 

.  company  a 

railroad,  in  the  borough  of  Harrisburg.     Provided,  said  Harrisburg,  to  the  same  tax 

'  _  °  °  '  te'  on  tonna 

Portsmouth,  Mountjoy  and  Lancaster  Railroad  Company  shall  be  tins.   See 6th 

'  •>   J  r      J  sect.  A. 

subject  to,  aud  consent  to,  the  same  rate  of  tax  on  tonnage  for  the  March,  1848, 

.  .  .  P^  I    - 

use  of  the  State,  as  is  provided  to  be  paid  in  this  act  by  the  Penn- 
sylvania Railroad  Company  :  and  in  case  the  said  Harrisburg,  Ports- If  the  Hawis- 

J  r      j  7  Bi  burgCompany 

mouth,  Mountjoy  and  Lancaster  Railroad  Company  should  not  agree  do  n,,t 

'  •>    J  ^  r      J  &  within  3  months 

to  comply  with  these  conditions  within  three  months  after  the  dis-  after  putting  15 

^  miles  undei  con- 

tance  of  fifteen  miles  from  Harrisburg  westward  shall  bona  fide  be  tract,  then  this 

c  '  company  tocon- 

put  under  contract,  the  said  Pennsylvania  Railroad  Company  are  nect ;witn ' '"- 

1  '  ^  .  lumbia  railroad. 

authorized  to  connect  their  road  with  the  Columbia  Railroad,  at  or 
near  the  borough  of  Columbia,  in  Lancaster  county  :  and  thence  by 
such  direct  practicable  route,  with  moderate  gradients,  as  will,  in  Theroutetobe 

1  '  _  °  '  '  direct,  if  p  a.  ti- 

the opinion  of  the  said  president  and  directors,  most  conduce  to  the  ca,,le>  wilh  m°- 

derate  gradi- 

public  interest  and  the  interests  of  said  company,  having  due  regard  fnr?-  *°  »  p°m* 

*  r      •>>  o  o         in,  at,  or  near 

to    economy  in   the   construction,    maintenance    and  management  Pittsburgh. 
thereof,  and  terminating  at  such  point  or  points  in,  at,  or  near  the 
city  of  Pittsburgh,  or  other  place  in  the  county  of  Allegheny,  with 
authority  to  extend  said  road,  or  a  branch  thereof,  to  the  town  or  ^  braf '' mriv 

J  Le  made  to  hue. 

harbour  of  Erie  in  the  county  of  Erie,  as  to  the  said  president  and 
directors  may  seem  most  advantageous  or  expedient,  and  in  like 
manner  by  themselves,  or  other  persons  by  them  appointed  or  em- 
ployed as  aforesaid,  to  enter  into  and  upon,  aud  occupy  all  land  on  Thecompimy 

r      J  r        7  i  j  i      ,     ii  ii  upon 

which  the  said  railroad  or  depots,  warehouses,  offices,  toll-houses,  llU  li,U(,~  ne    " 

r       >  >  >  i  Fary  for  a  ich 

engine   and   water  stations,   or  other  buildings   or   appurtenances railroad- 
hereinbefore  mentioned,  may  be  located,  or  which  may  be  neces- 
sary or  convenient  for  the  erection  of  the  same,  or  for  any  other 
purpose  necessary  or  useful  in  the   construction   maintenance   or 


14  CHARTER. 


repairs  of  said  railroad,  and  therein  and  thereon  to  dig,  excavate, 
and  embank,  make,  grade,  lay  down  and  construct  the  same ;  and 
it  shall  in  like  manner  be  lawful  for  the  said  company,  their  officers, 
agents,  engineers,  contractors  or  workmen,  with  their  implements 
and  beasts  of  draft  or  burden,  to  enter  upon  any  lands  adjoining, 
May  cut  and      or  in  the  neighborhood  of  the  said  railroad  so  to  be  constructed,  and 

carry  away  ma-  _ 

teriai  necessary  to  quarry,  dig,  cut,  take  and  carry  away  therefrom  any  stone,  gravel* 
of  the  road.    °   clay,  sand,  earth,  wood,  or  other  suitable  material  necessary  or  pro- 
per for  the  construction,  maintenance  or  repairing  of  said  railroad, 
or  for  the  construction  of  any  bridges,  viaducts,  or  other  buildings 
which  may  be  required  for  the  use,  maintenance,  or  repairs  of  said 
Compensation    railroad  :  Provided,  That  such  compensation  shall  be  made,  secured, 

to  be  made  or  .    . 

tendered  for  the  or  tendered  to  the  owner  or  owners  of  any  such  lands  or  materials 

land  and  mate-  ... 

rials  used.         as  shall  be  agreed  upon  between  the  parties,  or  in  such  manner  as 

is  hereafter  mentioned  :  Provided  further,  That  the  timber  used  in 

Ji.mlVt?1lLo1>"  the  construction  or  repair  of  said  railroad  shall  be  obtained  from 

tajned  only  from  r 

the  owners.       tne  owrjers  thereof  only  by  agreement  or  purchase. 

This  section  re-      Section  12.  That  when  the  said  company  cannot  agree  with  the 

pealed  except  as 

to  proceedings    owner  or  owners  of  any  lands  or  materials,  for  the  compensation 

commenced,   by  . 

4tu  sect.  Sup.     proper  for  the  damage  done  or  likely  to  be  done  to,  or  sustained 

March  27.1X48.  ^      r  °  J  '        . 

See  post,  p.  27.    by,  any  such   owner  or  owners  of  such  lands  or   materials  which 

See  also  declara-     J  J 

tot y  act.  5th       said  company  may  enter  upon,  use,  or  take  away  in  pursuance  of 

April,  1849,  l     ,J  ..„  .  ,  -     ,  , 

post, p. 31.         the  authority  hereinbefore  given,  or  by  reason   of  the  absence  or 

legal  incapacity  of  any  such  owner  or  owners,  no  such  compensation 

Application  to   can  be  agreed  upon,  the  Court  of  Quarter  Sessions  of  the  proper 

be  made  to  the  ...  ,  .   .  •  i  i  •  t 

Court  of  Quarter  county,  on  application  thereto  by  petition,  either  by  said  company 
proper  county,   or  owner  or  owners,  or  any  one  in  behalf  of  either,  shall  issue  their 

fir 2  i  freehold-  ._,       „     ,  ,.  •  i      i        -rr 

ers  to  assess  the  precept  to  the  sheriti   oi  the  county,  commanding  said  sheriff  to 

damages  dime  .    .  -  .        .      .  .  .  . 

by  the  company,  summon  twenty  discreet  and  disinterested  persons,  freeholders  ot  said 
county,  to  act  as  jurors,  and  to  meet  at  such  convenient  place  near 
the  premises,  as  in  the  said  precept  or  by  the  said  sheriff  may  be 
designated,  in  not  less  than  ten,  nor  more  than  twenty  days, 
giving  such  reasonable  notice  as  the  court  may  direct  to  both  par- 
ties, by  publication  or  otherwise,  whose  duty  it  shall  be  to  ascertain 
and  report  to  said  court,  whether  any,  and  if  any,  what  damages 
have  been,  or  may  be  sustained  by  the  owner  or  owners  of  said 
land  or  materials  by  reason  of  the  construction  of  said  railroad,  or 
by  reason  of  the  materials  used  or  taken  away,  in  manner  afore- 
said; and  if  twelve  or  more  of  the  said  jurors  attend,  they  shall  be 

Twelve  jurors     empunneled,  and  if  twelve  do  not  attend,  the  sheriff  shall  forthwith, 

to  be  qualified  .  .  .  .  ■. 

and  decide.        or  as  soon  thereafter  as  practicable,  summon  others  to  attend  on  a 

day  by  him  fixed  for  that  purpose;  and  the  said  twelve  jurors  being 


CHASTER.  15 


so  empanneled,  and  having  been  first  sworn  or  affirmed,  by  said 
sheriff,  or  his  deputy,  faithfully,  justly  and  impartially  to  decide, 
and  true  report  to  make  concerning  all  the  matters  and  things  to  he 
submitted  to  them,  and  in  relation  to  which  they  are  authorized  to 
inquire,  in  pursuance  of  the  provisions  of  this  act;  and  having 
viewed  the  premises,  they  shall  estimate  and  determine  the  quan-  The  jnry  shall 
tity,  quality  and  value  of  said  lands  so  taken  or  occupied,  or  to  be  P^isea. 
so  taken  or  occupied,  or  the  materials  so  used  or  taken  away,  or  to 
be  so  used  or  taken  away,  as  the  case  may  be,  and  having  a  due 
regard  to,  and  making  just  allowance  for  the  advantages  which  may 
have  resulted,  or  which  may  seem  likely  to  result  to  the  owner  or 
owners  of  said  land  or  materials,  in  consequence  of  the  opening  or 
making  of  said  railroad ;  and  after  having  made  a  fair  and  just 
comparison  of  said  advantages  and  disadvantages,  they  shall  esti- 
mate  and  determine  whether  any,  and  if  any,   what  amount   of  Thejury- tore- 

•"  J '  port  the  dam- 

damajjes  have  been  or  may  be  sustained,  and  to  whom  payable,  and  age8,andto 

°  J  c    j  j  whom  payable. 

make  report  thereof  to  the  court ;  and  if  any  damages  be  awarded, 
and  the  report  be  confirmed  by  said  court,  judgment  shall  be  entered 
thereon,  and  if  the  amount  thereof  be  not  paid,  execution  may  issue 
thereon,  as  in  other  cases  of  debt,  for  the  sum  so  awarded ;  and  the 
cost  and  expenses  incurred  shall  be  defrayed  by  said  railroad  com- 
pany:  Provided,  That  if  said  report  be  not  confirmed,  as  aforesaid, 
and  justice  may  seem  to  require  it,  a  new  inquisition  may  be  ordered  The  court  may 

order  a  new 

by  said  court :  And  provided  further,  lhat  any  owner  or  owners,  or  inquisition, 
other  party  applying  for  a  review,  shall  be  liable  for  the  costs  of  the 
proceedings  prayed  for,  in  case  a  report  more  favorable  be  not  ob- 
tained upon  such  review:  And  provided  further,  nevertheless,  That  Company  not  to 
nothing  herein  contained  shall  authorize  the  said  company  to  enter  before  paying  or 
upon  any  lands,  or  take  any  property,  without  making  compensation  fhe"efor!CUri  y 
to  the  owners  of  said  property,  or  giving  adequate  security  therefor  : 
And  be  it  further  provided,  That  in  all  cases  where  the  parties  can-  where  the  com- 
not  agree   on  the  amount  of  damages  claimed  either  for  land  or  ties  cannot 

ii'Tee.  tri*'  com* 

materials,  the  company  shall  tender  a  bond,  with  sufficient  security,  pany  shall  give 

i  i    •     •  ii  i  t  •  f      i  •   i      i     ii  i        bond,  with  secu- 

to  the  party  claiming  the  damages;  the  condition  or  which  shall  be,  rity,  to  jay  the 

ii  -ii  i  •  ■>  i  n  damages  .i?- 

that  the  company  will  pay,  or  cause   to  be  paid,  such  amount  of  a  ess  ed. 
damages   as  the  party  shall  be  entitled  to  receive,  after  the  same 
shall  have  been  agreed  upon  by  the  parties,  or  assessed  by  the  pro- 
visions of  this  act :   And  provided  further,  That  in  case  the  party  or  Tf  parties  refuse 
,..,  ,  ,  totakethebond 

parties  claiming  damages  refuse  to  accept  the  bond  as  tendered  by  tendered  the 

....  company  *hall 

the  company,  the  company  shall,  in  every  such  case,  present  their  offer  il '' 
bonds  to  the  Court  of  Common  Pleas  of  the  proper  county;  and  if  Court  of  Com- 

1       r  J  '  mon  Pleas  of 

the  court  approve  of  the  security,  shall  direct  the  same  to  be  filed  the  county. 


16  CHARTER. 


The  bond  if       for  the  benefit  of  those  to  'whom  it  is  given,  which  bonds  shall  be 

api>n>\ed,    shall  ., 

beiiied  tor  the   answerable  as  all  other  debts  tor  the  amount  ot  damages  assessed, 

benefit  of  the       .,.•,  n  .  n     .  ,,.  .,  , 

parties  entitled,  it    the   same  be  not  paid  in  a  reasonable  time   atter  such  assess- 
ment. 
The  railroad  Section  13.  That  whenever,  in  the  construction  of  said  road  or 

must  not  im- 
pede the  passage  roads,  it  shall  be  necessary  to  cross  or  intersect  any  established  road 

along  any  esta-  ^  ^ 

Wished  road  it    or  way,  it  shall   be  the  duty  of  the  president  and  directors  of  said 

may  cross.  . 

company  so  to  construct  the  said  road  across  such  established  road 
b^made^furpr?  or  way»  as  not  to  impede  the  passage  or  transportation  of  persons  or 
whosHaiuiTthe  Pr0Perty  along  the  same;  or  when  it  shall  be  necessary  to  pass 
railroad  divides,  through  the  land  of  any  individual,  it  shall  also  be  their  duty  to 

provide  for  such  individual  proper  wagon  -ways  across  said  road  or 

roads,  from  one  part  of  his  lands  to  the  other. 
„     .     „  Section  14.  That  in  all  suits  or  actions  against  the  said  com- 

Service  of  e>  _ 

process.  Pauy>  the  services  of  process  on  the  president,  secretary,  treasurer, 

engineer,  agent,  or  any  director  of  said  company,  shall  be  good  and 
Action  to  be  available  in  law;  but  no  suit  or  action  shall  be  prosecuted  by  any 
within  twelve  person  or  persons,  for  any  penalties  incurred  under  this  act,  unless 
theaiiegfd  such  suit  or  action  shall  be  commenced  within  twelve  months  next 
General  issue  '  after  the  offence  committed,  or  cause  of  action  accrued  ;  and  the 
and  the  special '  defendants  in  such  suit  or  action  may  plead  the  general  issue,  and 
evidence.  give  this  act  and  the  special  matter  in  evidence,  and  that  the  same 

was  done  in  pursuance  and  by  authority  of  this  act. 
raUroadtoDe6        Section  15.  That  if  any  person  or  persons  shall  wilfully  and 
threefold  the      knowingly  break,  injure,  or  destroy  the  railroad  hereby  authorized, 
tdin'cd  or  any  part  thereof,  or  any  edifice,  device,  property  or  work,  or  any 

part  thereof,  or  any  machinery,  engine,  car,  implement   or  uteusil, 
erected,  owned  or  used  by  the  said  company,  in   pursuance  of  this 
act,  he,  she,  or  they  so  offending,  shall  forfeit  and   pay  to  the  said 
company  three  times  the  actual  damage  so  sustained,  to  be  sued  for 
and  recovered,  with  full  costs,  before  any  tribunal  having  cognizance 
thereof,  by  action  iu  the  name  and  for  the  use  of  said  company. 
ob8tr°uc8tm?tney      Section  16.  That  if  any  person  or  persons  shall  wilfully  and 
.^!m"h"  maliciously  remove  or  destroy  any  of  the  company's  constructions, 
penitentiary.      or  p];lce  designedly  and  with  evil  intent,  any  obstruction  on  the 
line  of  said  railroad,  so   as  to  jeopard  the  safety,   or  endanger  the 
lives  of  persons  traveling  on  or  over   the  same,  such  person  or  per- 
sons so  offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  on  conviction,  be  imprisoned  in  the  penitentiary  for  a  term 

civil  remedy     not  less  than  three  months,  nor  more  than  three  years:  Pro\ 
also  may  be        m,  ,  .        ■  .       .     .    ,.  ,  ., 

pursued.  luat  nothing  herein  contained  shall  prevent  the  company  from  pur- 

suing any  other  appropriate  remedy  at  law  iu  such  cases. 


CHARTER.  17 


Section  17.  That  the  said  company  shall  not  prevent  any  per-  Owner*  of  land 
son  or  persons,  bein";  the  owner  or  owners  of  land  bordering  on ':,,";i1 ' '' 

r  '  o  o  f.ir  conveying 

or  adjacent  to   said  railroad,   from  making   lateral   railroads,  and  [j»e  produe 

•'  '  °  the  same  land. 

connecting  the  same  with  the  railroad  of  the  company,  for  the  pur- 
pose of  transporting  thereon  their  produce  or  other  material,  being 
the  products  of  said  land ;  the  said  connections  being  made  at  the 
expense  of  the  person  or  persons  wishing  the  same,  and  according 
to  the  directions  and  subject  to  the  approval  of  the  directors  of  said 
company,  or  their  authorized  agent ;  and  it  shall  be  lawful   for  the 

said  company,  in   the  manner,  and  subject  to   the  conditions  and  The  company 
.  .  .  .  .  „  may  construct 

provisions   hereinbefore    provided  in    relation  to  the  main  line  of  branches  from 

.  iii  mainlineinany 

their  railroad  by  this  act  authorized  to  be  made,  to  make  such  late-  county. 

ral  railroads  or  branches,  leading  from  the  main  line  of  their  said 
railroad,  to  such  convenient  place  or  points,  in  either  of  the  coun. 
ties  into  or  through  which  the  said  main  line  of  their  road  may  pass, 
as  the  president  and  directors  may  deem  advantageous,  and  suited 
to  promote  the  convenience  of  the  inhabitants  thereof,  and  the  inte- 
rests of  said  company. 

Section  18.  That  in  times  of  war,  invasion,  or  domestic  insur-  Troops  and  mu- 

'  nitions  ot  war 

rection,  the  said  company  shall  carry  and  transport,  or  permit  to  be  to  be  carried  at 
carried  and   transported    on   said  railroad,   any  troops  called  into 
service  by  any  competent  authority,  their  ordnance,  munitions  and 
military  stores,  at  one-half  the  usual  charge  for  the  time  being  for 
carrying  and  transporting  other  passengers  and  freight. 

Section  19.  That  at  each  annual  meeting  of  the  stockholders  of  A  foil  report  to 

°  be  annually 

said  company,  the  president   and  directors,  for  the  year  preceding,  g^?^^ 
shall  lay  before  them  a  full  and  complete  statement  of  the  affairs  of  D*re.c*or£ J?,tne 

J  *  stociiliOiuers. 

the  company  for  the  year  ending  on  the  last  day  of  October  imme-  °^*erm1u™ged 
diately  preceding,  exhibiting,  under  the  various  appropriate  heads,  f^3^^ 
the  amount  of  moneys  received,  and  from  what  sources,  the  amount  p^'^H?' 
disbursed,  and  for  what  purpose,  the  balance  remaining  with  the 
company;  which  statement  shall  be  accompanied   with   a  report  of 
the  acts  and  proceedings  of  the  company  for  the  same  period,  with 
such  further  information  as  may  be  requisite  to  convey  to  the  stock- 
holders a  full  knowledge  of  the  affairs  and  condition  of  said  com- 
pany 5  the  said  statement  and  report  shall  be  published,  as  soon  as 
•   conveniently  may  be,  in  pamphlet  form,  and  in  such  newspapers  as  Annual  report 
the  stockholders  or  president   and  directors  may  designate,   and  a  to  pJ^,hiet 
copy  thereof  shall  be  transmitted  to  the   Governor,   and  to  each  news^r" 
branch  of  the  Legislature,  at  its  next  annual  meeting. 

Section  20.  That  if  any  increase  of  the  capital  stock  shall  be  The  stockhoid.- 
J  m  -it  ersmiiyincrease 

deemed  necessary,  in  order  to  complete  or  improve  the  said  railroad  the  capital 


18  CHARTER. 


stock  to  ten  mil- or  appurtenances,  it  shall  be  lawful  for  the  stockholders  of  said 
increased.  See  company,  at  any  annual  meeting,  or  at  any  special  meeting  con- 
Is"^  62.  '    '  vened  for  that  purpose,  in  manner  as  aforesaid,   to  increase  and 
dispose  of  any  additional  number  of  shares,  not  exceeding  fifty  thou- 
sand, so  that  the  whole  amount  of  said  capital  stock  shall  not  exceed 
ten  millions  of  dollars,  and  receive  and  demand  the  moneys  for  the 
said  additional  shares,  in  like  manner  aud  subject  to  the  same  con- 
ditions hereinbefore  provided  for  the  original  subscriptions,  or  as 
shall  be  provided  for  in  the  by-laws  of  said  company. 
The  railroad.  Section  21.  That  upon  the  completion  of  said  railroad,  or  any 

and  each  part 

as  finished,  to    part  thereof,  the  same  shall  be  esteemed  a  public  highway,  for  the 

be  a  public  ■     .  , 

highway.  conveyance  of  passengers  and  the  transportation  of  freight,  subject 

to  such  rules  and  regulations  in  relation  to  the  same,  and  to  the 
size  and  construction  of  wheels,  cars  and  carriages,  the  weight  of 
loads,  and  all  other  matters  and  things  connected  with  the  use  of 
said  railroad,  as  the  president  and   directors   may   prescribe    and 
The  company  to  direct :  Provided,  That  the  said  company  shall  have  the  exclusive 
the  motive01  °f  control  of  the  motive  power,  and  may  from  time  to  time  establish, 
estebH8hDrates    demand,  and  receive,  such  rates  of  toll  or  other  compensation,  for 
01  tolL  the  use  of  the  said  road,  and  of  said  motive  power,  and  for  the  con- 

veyance of  passengers,  the  transportation  of  merchandise  and  com- 
modities, and  the  cars  or  other  vehicles   containing  the   same,  or 
otherwise  passing  over  or  on  said  railroad,  as  to  the  president  and 
directors   shall  seem  reasonable  :    Provided,  however,  nevertheless, 
Rates  of  toil  and  That  said  rates  of  toll  and  motive  power  charges,  so  to  be  esta- 
^/wnteTmiie  Wished,  demanded  or  received,  when  the  cars  used  for  such  convey- 
Sa/s'centea6*'  ance  or  transportation  are  owned  or  furnished  by  others,  shall  not 
Xrecaret'e  exceed  two  and  a  half  cents  per  mile  for  each  passenger;   three 
the  company!    cents  per  mile  for  each  ton  of  two  thousand  pounds  for  freight ; 
Rates  of  toll  and  three  cents  per  mile  for  each  passenger  or  baggage  car,  and  two 
motive  power.    cen^s  per  m\\e  for  q^q^  burden  or  freight  car,  every  four  wheels 
being  computed  a  car ;  and  in  the  transportation  of  passengers,  no 
charge  shall  be  made  to  exceed  three  cents  per  mile  for  through 
passengers,  and  three  and  a  half  ceuts  per  mile  for  way  passengers. 
Tonnage  regu-        Section  22.  That  all  tonnage,  of  whatsoever  kind  or  description, 
loth Marchand  except  the  ordinary  baggage  of  passengers,  loaded  or  received  at 
commiitoi.«  Harrisburg  or  Pittsburgh,  or  at  any  intermediate  point,  and  carried 
the  1st  sect,  of   °r  conveyed  on  or  over  said  railroad,  more  than  twenty  miles,  be- 
pass'edP^thnen  tween  the  tenth  day  of  March  and  the  first  day  of  December  in  each 
post',  p.  20. '      aQd  every  year,  shall  be  subject  to  a  toll  or  duty,  for  the  use  of  the 
commonwealth,  at  the  rate  of  five  mills  per  mile  for  each  ton  of  two 
thousand  pounds;  and  it  shall  be  the  duty  of  said  company,  between 


CHARTER.  19 


the  twentieth  and  thirtieth  days  of  July,  and  between  the  first  and  Report  of  ton- 

.  Dace  to 

tenth  days  of  December,  in  each  and  every  year,  after  thirty  miles  tothe 

.        .  .  . 

or  more  of  said  railroad  shall  have  been  completed  and  in  use,  to  miles oi 

cause  to  be  made  out,  and  tiled  with  the  auditor  general,  a  true  and  compli 

correct  statement,  exhibiting  the  amouut  of  such  tonnage  so  loaded 

or  received,  and   the  distance  so  carried  or  conveyed,  during  the 

respective  periods  intervening  between  the  said  tenth  day  of  March 

and  the  twentieth  day  of  July,  aud  between  the  said  twentieth  day 

of  July  and  the  first  day  of  December,  in   each  and  every  year; 

which  said  statement  shall  be  verified  by  the  oath  or  affirmation  of 

the  receiving  or  forwarding  agent  or  agents,  or  other  proper  officer 

or  officers  of  said  company  having  knowledge  of  the  premises;  and 

at  the  time  of  filing  said  statement,  or  on  or  before  the  said  thirtieth  Payment  of  the 

.  .  sum  due,  to  be 

day  of  July  and  the  tenth  day  of  December,  in  each  and  every  year,  made  to  the 

.  .,  ,     „  ,  L  i  x     e  State Ti 

the  said  company  shall  pay  to  the  State   .treasurer  the  amount  of 
said  toll  or  duty  so  accruing  for  the  use  of  the  Commonwealth, 
during  the  respective  intervening  periods  before  mentioned.     Pro- 
vided, That  if  it  shall  hereafter  be  deemed  necessary  or  expedient,  t^  g<v. 
the  Governor  may  appoint  one  or  more  State  agents,  not  exceeding  state's® 
three,  who  shall  have  the  right  at  all  times  to  travel  free  of  charge  keepan 
on  or  over  said  railroad,  between  Harrisburg  and  Pittsburgh,  in  the  transported. 
cars  or  other  vehicles  of  the  company  used  for  the  conveyance  of 
passengers;  and  at  all  times,  during  the  usual  hours  of  business,  state ag 
shall  have  free  access  to,  and  liberty  to  inspect  and  examine  all  aiibooi 
such  books,  accounts,  way-bills,  bills  of  freight,  manifests  and  other  this  purpose, 
papers  of  the  company,  as  may  be  necessary  and  proper  to  enable 
the  said  agent  or  agents  to  ascertain  and  keep  a  true  and  correct 
account  of  all  such  tonnage  so  loaded,  received,  carried  or  trans- 
ported on  or  over  said  railroad,  during  the  periods  aforesaid ;   aud 
the  Legislature  hereby  reserves  the  right  to  adopt  such  additional 
measures  to  secure  a  faithful  compliance  with  the  conditions  of  this 
proviso,  as  may  hereafter  be  deemed  right  and  proper. 

Section  23.  That  if  the  Legislature  of  this  State  shall,  at  the  The  state  may 
expiration  of  twenty  years  from  the  completion  of  said  railroad,  railroad     i 
make  provision  bylaw  for  the  repayment  to  the  said  company  of  Repeale(L  Act" 
the  amount  expended  by  them  in  the  construction  of  said  railroad,  sl^Va1^ 
and  in  the  construction  of  permanent  fixtures,  and  all  other  appur- 
tenances for  the  use  of  the  same,  together  with  all  monej's  expended 
by  said  company,  for  repairs,   attendance  and   otherwise,   for  the 
purpose  of  said  railroad,  with  interest  on  such  sums  at  the  rate  of 
eight  per  cent,  per  annum,  after  deducting  the  amouut  of  tolls  and  The  terms  of 
other  revenue  received  by  said  company  for  the  use  of  the  same,  pur 


20  ,        CHARTER. 


then  said  railroad,  with  all  its  fixtures  and  appurtenances,  shall  vest 
The  company  to  in  an(j  become  the  property  of  the  people  of  this  State;  but  if  the 
rights  for  20       Legislature  shall  not,  at  the  expiration  of  the  said  period  of  twenty 

yrar- more.  )f  °  '  ,       *  r  •> 

n  ;  bought  by    years,  claim  the  said   railroad,  and  so  forth,  as  aforesaid,  then  the 

the  State.  J 

said  company,  with  all  its  said  rights  and  privileges,  shall  continue 
for  another  period  of  twenty  years,  subject  to  the  claim  of  the 
Legislature,  as  aforesaid,  at  the  expiration  thereof,  on  the  same 
terms  and  conditions  as  aforesaid,  and  so  on  from  twenty  years  to 
twenty  years. 
The  books,  Ac,        Section  24.  That  it  shall  at  all  times  be  lawful  for  a  committee 

of  the  company      .  _         .  •  i    p  t 

>pentoa   ot  the  Legislature,  appointed  tor  that  purpose,  to  inspect  the  books 

committee  of  ,  ...  .  _    ,  ... 

the  LegiBiature.  and  examine  into  the  proceedings  ot  the  corporation  hereby  created, 
and  to  report  whether  the  provisions  of  this  charter  have  been  by 
Refusal  to  pro-  *ne  same  abused  or  violated ;  and  if  the  officers  of  said  corporation 
because  of*  shall  refuse  to  be  sworn  or  affirmed,  or  give  evidence,  or  refuse  to 
produce  any  of  their  books  or  papers  that  may  be  demanded,  before 
any  such  committee,  then  the  Legislature  may,  by  law,  declare  the 
said  charter  void,  and  repeal  the  same;  and  whenever  any  commit- 
tee as  aforesaid  shall  find  and  report,  or  the  Governor  shall  have 


f  rfeiture. 


Proceedi?igs  to  reason  to  believe  that  the  charter  has  been  violated,  it  may  be  law- 
cause  offer-  ful  for  the  Legislature  to  direct,  or  the  Governor  to  order,  a  scire 
facias  to  be  sued  out  of  the  Supreme  Court  of  Pennsylvania,  in 
the  name  of  the  Commonwealth  of  Pennsylvania,  which  shall  be 
served  by  the  sheriff  of  any  county  in  this  Commonwealth  on  the 
president,  treasurer  or  secretary,  at  the  office  of  the  corporation,  for 
the  time  being,  at  least  ten  days  before  the  commencement  of  the 
term  of  court,  calling  on  the  said  corporation  to  show  cause  why  the 
charter  hereby  granted  should  not  be  declared  forfeited;  and  it  shall 
be  lawful  for  the  said  court,  upon  the  return  of  the  scire  facias,  to 
examine  into  the  truth  of  the  alleged  violations;  and  if  such  viola- 
tions be  made  to  appear,  then  to  adjudge  that  the  said  charter  is 
forfeited,  and  thereupon,  and  in  case  the  Legislature  shall  have 
power  to  declare  the  said  charter  void,  and  to  repeal  the  same  for 
the  cause  aforesaid,  the  railroad  aforesaid,  with  its  appurtenances, 
The  common-     and  all  estate,  real  and  personal,  of  the  said  corporation,  shall  revert 

w  Tilth  to  pay 

stockholders  the  to  and  be  vested  in  the  Commonwealth,  upon  the  payment  by  the 

par  value  of  ', 

a  ck  in  case  of  Commonwealth,  to  the  stockholders,  the  par  value  of  their  stock; 
and  until  the  Commonwealth  shall  have  made  such  payment  to  the 
president  and  directors  of  said  company,  to  be  by  them  distributed 
among  the  stockholders,  the  rights,  privileges  and  franchises  of  said 
corporation  shall  remain  as  though  said  judgment  and  forfeiture, 
had  not   been  pronounced  or  declared :    Provided,  however,  That 


CHARTER.  21 


every  issue   of  fact,  winch   may  be  joined   between  the   Common- Issue  of  feet  to 

.         .  .  ,  ,.  .     ..  ,  .     ,   ,  be  tried  by  a 

wealth  and  the  corporation,  in  said  proceedings,  shall  be  tried  by  a  jury. 

jury,  summoned  by  an  officer  to  be  named  by  the  court,  from  the 
body  of  the  State,  and  it  shall  be  lawful  for  the  court  aforesaid  to 
require  and  compel  the  production  of  such  of  the  books  and  papers 
of  the  corporation  on  such  trial,  as  it  may  deem  necessary  for  the 
ascertainment  of  the  controverted  facts;  and  the  final  judgment  of 
the  court  shall  be  subject  to  all  the  usages  of  law  as  in  other  cases. 
The  first  twenty  of  the  commissioners  appointed  in  the  first  section 
of  this  act,  or  any  five  of  them,  shall  have  authority  to  convene  the 
commissioners  at  such  suitable  time  and  place  as  they  may  desig- 
nate for  that  purpose,  giving  sufficient  notice  thereof,  as  the  occasion 
may  seem  to  require.  And  all  reasonable  expenses  incurred  by  the  Corporation  to 
commissioners  in  the  performance  of  the  duties  by  this  act  imposed,  peuses  incurred 

by  Commissi  a- 

shall  be  allowed  and  paid  by  the  corporation  out  of  the  first  lustal-  ere,  oni  of  first 

instalment. 

meut  or  payment,  to  be  received  by  the  commissioners  at  the  time 
of  subscribing,  as  hereinbefore  provided. 

Section  25.  That  if  the  said  company  shall  not  commence  the  Eailroadtobe 

commenced  in 

construction  of  said  railroad  within  two  years,  and  complete  and  two  and  com- 

J  %  l  pleted  within 

open  the  same  for  use,  with  one  or  more  tracks,  within  the  term  of  ten  years,  and 

r  '  '  not  to  remain 

ten  years  ;  or  if,  after  the  completion,  the  said  railroad  shall  be  suf-  impassable  f  r 

'  '  '  l  two  years,    See 

fered  to  go  into  decay,  and  be  impassable  for  the  term  of  two  years,  Sup  isthArrii, 
then  this  charter  shall  be  null  and  void,  except  so  far  as  relates  to  Charter  extei  a 

'  A  ed  for  10  years. 

the  payment  of  damages.  Act  Ar,ril  16> 

r   J  b  1867,  post,  p.  6. 

Section  26.  That  if  any  person  or  persons  traveling  on  the  road 
of  the  said  company,  or  that  of  any  other  company  in  this  Common- 
wealth, shall  be  wounded  by  reason  of  any  imperfection  or  defect  in 
such  road,  or  in  the  machinery  or  cars  employed  on  the  same,  or  by 
the  negligence  of  such  company  or  their  agents,  no  action  brought  Action  against 

°    b  r      J  to  ?  o       Climl,:uiv  not  to 

by  such  person  or  persons  against  such  company,  to  recover  damages  abate  by  death 
therefor,  shall  abate  by  the  death  of  the  plaintiff  or  plaintiffs,  but 
the  same  shall  survive  to  his  or  her  executors  or  administrators. 

Section  27.  The  Legislature  reserves  the  right  to  authorize  any  Right  reserved 

°  ~  J    to  charter  an- 

company  hereafter  chartered  to  connect  any  railroad  not  running  other  railroad 

.  J  _  °toc  mnect,  but 

parallel  with  the  same,  to  be  constructed  by   such  company,  with  "otto  >'"»  f"r- 

.  ,  .  -  alld  With  this. 

the  railroad  of  the  sajd  Pennsylvania  Railroad  Company,  at  such 
point  or  points^on  said  railroad  as  the  Legislature  may  direct.  Pro- 
vided, That  no  higher  rates  of  toll  or  of  transportation  shall  be 
charged  by  said  company,  for  persons  or  things  having  passed,  or 
destined  to  pass,  over  such  connecting  road,  than  may  be  at  the 
same  time  charged  upon  persons  and  things  passing  over  the  main 
line  to  and  from  Philadelphia  and  Pittsburgh. 

Approved  April  13/A,  1840. 


SUPPLEMENTS  TO  CHARTER. 


AN  ACT 

SUPPLEMENTARY  TO  AN  ACT  TO  INCORPORATE  THE  PENNSYL- 
VANIA RAILROAD  COMPANY,  PASSED  APRIL,  EIGHTEEN  HUN- 
DRED AND  FORTY-SIX. 

Section  1.  That  nothing  in  the  act  to  which  this  is  a  supplement  Construction  of 
shall  he  so  construed  as  in  anywise  to  impair  the  right  of  the  Legis-  tin-  is  u  Bupple- 
laturc  to  pass  such  additional  laws  as  may  be  deemed  expedient  in 
furtherance  of  the  objects  contemplated  by  said  act,  and  for  the  bet- 
ter enforcement  of  the  provisions  thereof:  and,  in  case  the  charter  in  rase  of  for- 

feituro,  tbe 

of  said  company  shall  be  forfeited  in  the  manner  therein  provided,  state  to  pay  the 

actual  value  ol 

it  shall  be  competent  for  the  Legislature  by  law  to  vest  the  said  corporate-  estate 

.  „  to  company. 

railroad  and  appurtenances,  and  all  the  estate,  real  and  personal,  of 

the  said  company,  in  the  Commonwealth,  or  in  another  company  to 
be  incorporated  for  that  purpose,  upon  the  payment  to  said  Penn- 
sylvania Railroad  Company,  for  distribution  amongst  the  stockhold- 
ers, according  to  their  several  interests,  the  actual  value  of  their  . 
said  railroad  appurtenances  and  other  property,  to  be  ascertained 
and  appraised  by  twelve  disinterested  persons,  acting  under  oath  or 
affirmation,  to  be  appointed  and  governed  in  their  proceedings  in 
relation  thereto,  in  such  manner  as  the  Legislature  shall  by  law 
direct.     Provided,  That  in  case  the  said  company  shall  at  any  time  Charge  on  ton- 

7  .  naSe  a  hen. 

fail  to  pay  the  toll  or  charge  on  tonnage,  which  may  accrue  or 
become  due  to  the  Commonwealth  under  the  provisions  of  said  act, 
the  same  shall  be  and  remain  a  lien  on  the  property  of  the  said  com- 
pany, and  shall  have  precedence  over  all  other  liens  or  incumbrances 

thereon,  until  paid. 

Approved  April  loth,  1846. 


A  FURTHER  SUPPLEMENT 

TO  AN  ACT  TO  INCORPORATE  THE  PENNSYLVANIA  RAILROAD 
COMPANY,  PASSED  APRIL  THIRTEENTH,  ONE  THOUSAND  EIGHT 
HUNDRED  AND  FORTY-SIX. 

Section  1.  That  under  the  provisions  of  the  first  section  of  the  ty.citiesofPitt* 
act,   entitled   "  An  Act  to  incorporate  the  Pennsylvania  Railroad  gheny.and 
Company,"  approved  the  thirteenth  day  of  April,  one  thousand  eight  porationsof 
hundred  and  forty-six,  it  shall  be  competent  to  the  county  of  Alle-  county  and  pm- 
gheny,  the  cities  of  Pittsburgh  and  Allegheny,  and  the  municipal  madePcompetent 
corporations  in  the  county  of  Philadelphia,  and  the  said  act  shall  be  stock." 


26  SUPPLEMENTS   TO   CHARTER. 

construed  to  have  authorized  the  city  of  Philadelphia  to  subscribe 

for  shares  in  the  capital  stock  of  said  Pennsylvania  Railroad  Coin- 

Anthorized  to    pany,  and  to  borrow  money  to  pay  therefor,  and  to  make  provision 

burrow  money. 

for  the  payment  of  the  principal  and  interest  of  the  money  so  bor- 
rowed, as  in  other  cases  of  loans  to  said  corporations;  and  no  certifi- 
cate or  bond  issued  shall  be  for  a  less  sum  than  one  hundred  dollars, 
and  shall  be  transferable  only  on  the  books  of  the  respective  corpo- 
rations kept  for  that  purpose ;  and  the  certificates  of  loan  or  bonds 
issued,  or  to  be  issued,  by  any  such  corporations  for  the  purpose 
aforesaid,  bearing  an  interest  of  six  per  centum  per  annum,  payable 
half-yearly,  may  be  received  as  cash  by  the  company  named  in  said 
act,  in  payment  of  the  instalments  on  shares  subscribed  by  such  cor- 
Ainonntofsucii  poration  :  but  the  total  amount  of  the  shares  in  the  capital  stock 

subscription. 

aforesaid,  subscribed  for  by  any  such  corporation,  shall  not  exceed 
five  per  cent,  on  the  assessed  value  of  the  property  subject  to  taxa- 
tion for  state  or  county  purposes,  within  the  limits  of  such  corpora- 
Proviso,  tion  :  Provided,  That  any  city  or  other  municipal  corporation,  or  the 
county  of  Allegheny  aforesaid,  may  be  represented  at  elections  and 
at  other  meetings  of  the  said  company,  by  agents  duly  authorized  by 
the  commissioners  of  said  counties,  and  by  the  mayor  or  chief  offi- 
cers of  said  cities,  or  other  municipal  corporations,  acting  under 
Proviso.  resolutions  passed  by  the  constituted  authorities  thereof:  Provided 
also,  That  any  county,  city,  or  municipal  corporation,  that  shall  be 
possessed  of  ten  thousand  or  more  shares  in  the  capital  stock  of  said 
when  corpora-   company,  shall,  in  lieu  of  voting  at  the  general  elections  of  said 

tions  may  elect  .  .  •   1     i  1         1  •  i  ^        •   •         ^  e 

directors.  company  hereafter,  be  entitled  by  the  constituted  authorities  thereof, 

Never  entitled  . 

to  more  than  to  elect  one  director  out  of  the  number  designated  in  the  act  to 
which  this  is  a  supplement,  within  one  month  prior  to  the  first  Mon- 
day in  December,  for  each  and  every  ten  thousand  shares  held  by 
said  corporation ;  but  no  county  or  corporation  shall  be  entitled  to 

Private  stock-    elect  more  than  three  directors,  and  a  majority  of  the  board  of 

ti  elect  majo-    directors  shall,  at  all  times,  be  elected  by  the  private  stockholders; 

board.  if  at  any  time  the  corporations  who  have  subscribed  to  the  stock 

shall  be  entitled,  under  this  provision,  to  more  than  six  directors, 
then  the  number  of  directors  to  which  such  corporation  (as  elect 
more  than  one  director)  is  entitled  to,  shall  be  reduced  in  such  man- 
ner as  shall  be  determined  upon  by  the  directors  in  office,  so  as  to 

Proviso.  do  justice  to  all :  Provided  furilur,  That  all  directors  elected  by 

said  corporations  shall  be  possessed  of  not  less  than  twenty  shares 

.  of  the  stock  of  said  company,  in  their  own  right,  and  shall  not  be 

T»x  cm  tonnage.  mcmbers  of  the  body  by  which  they  arc  elected  :  Provided  further, 

See  22d  sec.  Act  J       J  J  j  t 

AutcApris1S16'  That  the  tax  on  tonnage  of  five  mills  per  ton  per  mile,  from  the 


SUPPLEMENTS   TO   CHARTER.  27 

tenth'  of  March  to  the  first  of  December,  payable  to  the  State  trea-  Jfj^JfiU" 

sury  under  the  provisions  of  the  twenty-second  section  of  the  act  to  ?''1^t '|f  %£y 

which  this  is  a  supplement,  be  commuted  to  a  tax  of  three  mills  per 

ton  per  mile  during  the  whole  year;  and  if,  after  two  years  from 

the  completion  of  the  road,  the  commutation  to  three  mills  herein 

provided  shall  not  yield  as  much  revenue  to  the  Commonwealth  as 

would  have  been  received  under  the  original  provision,  then  the  rate 

of  five  mills,  as  originally   provided   for,  may  be  restored  at  the 

option  of  the  Legislature;  said  tax  to  cover  all  freight  carried  over 

the  road  more  than  twenty  miles. 

Section   2.    That  the  directors   of  the  Pennsylvania   Railroad  JJjE'JJk, 
Company  be  and  are  hereby  authorized  to  pay  to  the  shareholders  ^mu'tiiy.'1' 
entitled  to  receive  the  same,  in  the  months  of  May  and  November, 
in  each  year,  interest  at  the  rate  of  six  per  cent,  per  annum,  on 
all   instalments   paid  by  them,  which  interest  shall  be  charged  to 
the  cost  of  construction,  and  continue  to   pay  the  same  until  the 
said  road  shall  be  completed ;  and  that,  until  the  period  for  which 
a  dividend  shall   be  declared,  all  the   profits  and  earnings   of  the 
said  railroad  shall  be  credited  to  the  cost  of  construction  :  Provided,  Proviso. 
That  no  stockholder  who  has  neglected,  or  who  hereafter  shall  neg-  CTi  ,,  „ 

a  '  °    Stockholder 

lect  to  pay  up  the  instalments  as   called  for,  shall   be  entitled  to  neglecting  to 

r    J       r  pay  his  instal- 

receive  interest  on  the  same  ;  and  the  directors  of  said  railroad  com-  ments,nottore- 

'  ceive  interest. 

pany  are  hereby  required  strictly  to   enforce  the  penalty  which  is  SS!180*8*0 
provided  in  the  case  of  delinquencies  under  the  act  to  which  this  is  13th  ArriI- 1S46, 

x  x  repealed.     See 

a  supplement :  and  the  provisoes  to  the  tenth  section   be  and  the  JfwtproTfeoto 

r c  '  x  2d  sic.  ot  the 

same  are  hereby  repealed  :  Provided  further,  That  the  stock  of  said  "nsi.naI  a^t 
company  shall  not  be  subject  to  any  tax  in  consequence  of  the  pay-  P-7- 
nient  of  the  interest  hereby  authorized. 

Section  3.  That  so  much  of  the  eleventh  section  of  said  act,  as  construction 

'  ofllthsec.  of 

prohibits  the  Pennsylvania  Railroad  Company  from  passing  through  act  of  incorpo- 

r  J  l       J  I  °  °     ration.    Ante, 

any  dwelling-house,  shall  be  construed  only  to  extend  to  homesteads  p-18- 
in  possession  and  occupancy  of  the  owner  or  owners,  and  shall  not 
extend  to  dwellings  kept  for  rent:  Provided,  That   full  compensa-  Proviso, 
tion   be  made  to  the  owner  or  owners  of  such   buildings,  for  all 
damage  sustained  thereby,  the  same  to  be   ascertained  as  in  other 
cases. 

Section  4.  That  when  the  Pennsylvania  Railroad  Company  can-  Damages,  how 
not  agree  with  the  owner  or  owners  of  any  lauds  or  materials,  for 
the  compensation  proper  for  the  damage  done,  or  likely  to  be  done 
to,  or  sustained  by  any  such  owner  or  owners  of  such  lands  or  mate- 
rials which  said  company  may  enter  upon,  use,  or  take  away  in  pur- 
suance of  the  authority  given  them  by  the  act  to  which  this  is  a 


28  SUPPLEMENTS   TO   CHARTER. 

supplement,  or  by  reason  of  the  absence  or  legal  incapacity  of  any 
such  owner  or  owners,  no  such  compensation  can  be  agreed  upon, 
Court  of  com-     tQe   court  of  common  pleas  of  the   proper  county,  on  application 
proper  county    thereto,  by  petition,  either  by  said  company  or  owner  or  owners,  or 
to^appomt  view- any  one  jn  -jjg^^f  0f  either,  shall  appoint  five  disinterested  persons 
of  the  next  adjoining  county  or  counties,  none  of  whom  shall  be 
residents  of  any  of  the  counties  through  which  said  railroad  shall 
pass,   and  to  fix  a  time,  not  less  than  twenty,  nor  more  than  thirty 
days  thereafter,  for  said  viewers  to  meet  upon  the  premises  where 
the  damages  are  alleged  to  be  sustained,  of  which  time  and  place  ten 
days'  notice  shall  be  given  by  the  party  petitioning  to  said  viewers, 
and  to  the  other  party,  and  the  said  viewers  having  been  first  sworn 
or  affirmed  by  some  power  competent  to  administer  oaths,  faithfully, 
justly  and  impartially  to  decide,  and  true  report  to  make  concern- 
ing all  the  matters  and  things  to  be  submitted  to  them,  and  in  rela" 
See  1st  sec.  of    tion  to  which  they  are  authorized   to   inquire,  in  pursuance  of  the 

an  act  entitled  .    .  .  .  . 

"AfurtherSup-  provisions  of  this  act;  and  having;  viewed  the  premises,  they  shall 

plement."  4c,      f  .  ;  °  .  L  . 

approved  26th    estimate  and   determine  the  quantity,  quality  and  value    of    said 

April,  1S50,  .  . 

post,  p.  32.  lands  so  taken  or  occupied,  or  to  be  taken  and  occupied,  or  the  mate- 
rials so  used  or  taken  away,  or  to  be  used  or  taken  away,  as  the  case 
may  be,  and  having  a  due  regard  to,  and  making  just  allowances 
for  the  advantages  which  may  have  resulted,  or  which  may  seem 
likely  to  result  to  the  owner  or  owners  of  said  lands  or  materials,  in 
consequence  of  the  opening  or  making  of  said  railroad,  or  the  con- 
struction of  works  connected  therewith ;  and  after  having  made  a 
fair  and  just  comparison  of  said  advantages  or  disadvantages,  they 
shall  estimate  and  determine  whether  any,  and  if  any,  what  amount 
of  damages  have  been  sustained  or  may  be  sustained,  and  to  whom 
payable,  and  make  report  thereof  to  the  court;  and  if  any  damages 

execution  for  ^e  awarded,  and  the  report  be  confirmed  by  said  court,  judgment 
shall  be  entered  thereon,  and  if  the  amount  thereof  be  not  paid,  exe- 
cution may  issue  thereon  as  in  other  cases  of  debt,  for  the  sum  so 
awarded ;  and  the  cost  and  expenses  incurred  shall  be  defrayed  by 

Compensation     sa^  railroad  company ;  and   the  said  viewers  shall  be  entitled  to 

poJtT."^!  ^ee  two  dollars  per  day  for  each  of  them,  for  the  time  necessarily 
employed  in  performing    the  duties  hereinbefore  prescribed  :   Pro- 

Proviso.  vided,  That  nothing  herein  contained  shall  authorize  the  said  com- 

pany to  enter  upon  any  lauds,  or  take  any  property  without,  making 
compensation  to  the  owners  of  said  property,  or  give  adequate  secu- 
rity therefor:  And  provided,  That  if  cither,  or  all  of  the  judges  of 

Proviso.  J  l  m  .  . 

Whenjudgei      the  court  of  common  pleas  aforesaid,  is  or  are  interested  in  the  said 

are  interested. 

railroad  as  officers,  stockholders,  contractors,  or  otherwise,  theu  the 


SUPPLEMENTS   TO   CHARTER.  29 

viewers  aforesaid  shall  be  selected  and  appointed  by  the  sheriff  and 

commissioners  of  the  proper  county,  in  like  manner  and  with  like 

powers,  as  if  appointed  by  the  court  of  common  pleas:  Provided 

further,  That  if  the  proper  officer  of  said  company,  at  any  time  w^en  te^^J  of 

before   application  made   by  either  party  for  the   appointment  of  ^,','u'"' "'"'" 

viewers,  in  the  manner   hereinbefore  directed,  shall  tender  to   the 

owner  or  owners  of  said  lands  or  materials  a  sum  of  money,  in  full 

compensation  for  his  or  their  said  damages,  said  company  shall  not 

be  liable  for  costs  on  any  subsequent  proceedings,  unless  such  owner 

or  owners  of  land  or  materials  shall  be  awarded  a  larger  sum  than 

the  previous  tender  of  said  company  :  Provided.  That  in  all  cases  Vr<  '■ 

1  *       »  '  See  declaratory 

where  proceedings  have  been  instituted  under  the  twelfth  section  of  Actsth  April, 

1  °.  .  .  1849,  post.  p. 31. 

the  act  of  the  thirteenth  April,  one  thousand  eight  hundred  and 

forty-sis,  the  same  shall  be  continued  and  proceeded  in  according  to 

the  provisions  of  the  aforesaid  act. 

Section  5.  That  if  said  railroad  company  shall  find  it  necessary  Crossing  or  oc- 
cupying tnrn- 

to  change  the  site  of  any  portion   of  any  turnpike  or  public  road,  pikeroada,  to 

°  J    r  .  .     reconstruct  the 

they  shall  cause  the  same   to  be  reconstructed   forthwith,  at  their  same. 

own  proper  expense,  on  the  most  favorable  location,  and  in  as  per-  Seesee.  i  Act  of 

feet  a  manner  as  the  original  road:  Provided,  That  the  damages  f*^  au.i'^up. 

incurred  in   changing  the  location  of  any  road  authorized  by  this  j'^y  ^™ \.  go. 

section,  shall  be  ascertained  and  paid  by  said  company,  in  the  same 

manner  as  is  provided  for  in  regard  to  the  location  and  construction 

of  their  own  road. 

Section  6.  That  the  first  proviso  contained  in  the  eleventh  sec-  Construction  of 

first  proviso  nt 

tion  of  the  act  to  which  this  is  a  supplement,  shall  be  so  construed  nthsecofact 

of  incorporation 

as  to  extend  exclusively  to  such  tonnage  as  shall  have,  under  the 
twenty-second  section  of  said  act,  become  liable  to  taxation  on  its 
transit  over  the  Pennsylvania  Railroad,  and  that  said  road,  referred 
to  in  said  proviso,  shall  terminate  at  or  near  the  city  of  Pittsburgh. 

Section   7.  That  the  said  Pennsylvania  Railroad  Company  be  To  connect  with 
and  are  hereby  authorized  to  connect  their  railroad  with  the  Alle-  tage  Kaihoad. 
gheny   Portage  Railroad,  by  the  most  practicable  route,  at   such 
points  at  or  near  Hollidaysburg  and  Johnstown,  as  may  be  agreed 
upon  with  the  canal  commissioners. 

Approved  March  27th,  1848. 


30  SUPPLEMENTS   TO   CHAPTER. 


A  SUPPLEMENT 

TO   THE   ACT  INCORPORATING   THE   PENNSYLVANIA  RAILROAD 

COMPANY. 

Preamble.  Whereas,  The  Legislature,  by  the  fifth  section  of  an  act  passed 

the  twenty-seventh  March,  one  thousand  eight  hundred  and  forty- 
eight,  entitled  "  A  further  supplement  to  An  Act  to  incorporate  the 
Pennsylvania  Railroad  Company,"  did  provide,  That  if  said  railroad 
company  shall  find  it  necessary  to  change  the  site  of  any  portion  of 
any  turnpike  or  public  road,  they  shall  cause  the  same  to  be  recon- 
structed forthwith,  at  their  own  proper  expense,  in  the  most  favor- 
able location,  and  in  as  perfect  a  manner  as  the  original  road ;  but 
there  is  no  provision  made  for   compelling   the    said  company  to 
comply  with  this  law;  therefore, 
When  the  site  of      Section  1.  Be  it  enacted,  &c  ,  That  if  in  the  construction  of  their 
turnpike  or       road  by  the  Pennsylvania  Railroad  Company,  it  shall  have  been  or 
changed,  and     may  hereafter  be  necessary  to  change  the  site  of  any  portion  of  any 

not  recon-  . .  ...  ..  ,  .  ,     ,.  .  . 

stmcted  within  turnpike  or  public  road,  when  the  necessary  time  shall  have  elapsed 

application  to  '  to  have  enabled  the  said  railroad  company  to  comply  with  the  pro- 

Conrt  of  Quarter  visions  of  the  fifth  section  of  the  act  of  the  twenty-seventh  March, 

one   thousand   eight   hundred   and   fort}'-eight,   requiring   them    to 

re-construct  such  turnpike  or  public  road,  it  shall  be  the  duty  of  the 

Court  of  Quarter  Sessions  of  the  county  in  which  such  turnpike  or 

"Who  to  make     public  road  shall  be  located,  upon  the  petition  of  the  company  owu- 

the  application.    *  .  x  *  *        J 

ing  the  said  turnpike,  or  of  any  twelve  or  more  citizens  of  the  town- 
viewers  to  be     ship  in  which  the  said  public  road  may  be,  to  appoint  three  compe- 
their duties.       tent  persons,  citizens  from  an  adjoining  county,  through  which  the 
said  road  does  not  pass,  as  viewers,  whose  duty  it  shall  be  to  view 
the  place  where  the  said  turnpike  or  public  road   was,   and   make 
report  to  the  said  court  at  their  next  session,  whether  the  said  Penn- 
sylvania Railroad  Company  have  complied  with  their  duty  in  making 
said  turnpike  or  public  road  as  they  are  required  by  the  said  law  to 
Order  of  court    do ;  and  if  the  said  viewers  shall  report  to  the  said  court  that  the 

when  viewers  . 

report  that  the   Pennsylvania  Kailroad  Lompany  has  complied  with  the  provisions 

railroad  com-  J     . '  ,  •  i 

paayhascom-    of  the  said  act  of  Assembly,  and  the  said  report  shall  be  approved 

plied  with  act 

of  Assembly,      by  the  court,  an  order  shall  be  then  made,  that  the  costs  and  expen- 

costs.  °pay       ses  of  the  said  view  shall  be  paid  by  the  petitioners;  but  if  the 

said  viewers  shall  report  to  the  said  court,  that  the  said  company 

Order  when  re-  has  not  complied  with  the  provisions  of  the  said  act  of  Asscmblv, 

port  is  against 

the  company,     and   the   said  report  shall  be  approved  by  the  court,  the  expenses 


SUPPLEMENTS   TO   CHARTER. 


thereof  shall  he  paid  by  the  said  railroad  company  ;  thru  it  shall  be  the 
duty  of  the  said  court  to  order  and  decree  that  the  said  turnpike  or 
public  road,  as  the  case  may  be,  shall  be  made,  finished  and  com- 
pleted as  the  said  Pennsylvania  Railroad  Company,  by  the  provi- 
sions of  the  said  fifth  section  of  the  act  of  twenty  seventh  March, 
one  thousand  eight  hundred  and  forty-eight,  were  bound  to  finish 
and  complete  the  same  :  Provided,  That  if  cither  party  shall  be  dis-  Rjghtto  are- 
satisfied  with  the  decree,  they  may  have  the  right  to  a  review  under  T1' 
the  provisions  of  this  act. 

Approved  March  20th,  1849. 


AN  ACT 

DECLARATORY  OF  THE  FOURTH  SECTION  OF  AN  ACT  SUPPLE- 
MENTARY TO  THE  CHARTER  OF  THE  PENNSYLVANIA  RAILROAD 
COMPANY,  APPROVED  MARCH  TWENTY-SEVENTH,  ONE  THOU- 
SAND EIGHT  HUNDRED  AND  FORTY-EIGHT. 

Section  1.  That  the  last  proviso  to  the  fourth  section  of  the  construction  of 
supplement  to  the  act   to  incorporate  the  Pennsylvania  Railroad  tot^th'sect.0 
Company,  passed  the  twenty  seventh  day  of  March,  one  thousand  °f  i?thPMwch! 
eight  hundred  and   forty-eight,  shall  be  so  construed,  that  those  o^8'   Aute'p- 
cases  wherein  proceedings  have  been  commenced  under  the  twelfth 
section  of  the  act  of  the  thirteenth  of  April,  one  thousand  eight 
hundred  and  forty-six,  and  have  been  proceeded  in,  shall  be  con- 
tinued to  final  judgment  and  execution  under  and  according  to  the 
provisions  of  the  act  of  one  thousand  eight  hundred  and  forty-six, 
which,  as  well  as  the  said  proviso,  shall  remain  in  full  force  for 
that  purpose. 

Approved  April  5th,  1849. 


SUPPLEMENTS   TO  CHARTER. 


A  FURTHER  SUPPLEMENT 

TO   THE   ACT   INCORPORATING   THE    PENNSYLVANIA  RAILROAD 

COMPANY. 

Section    1.     That  the    viewers    appointed  for    the  purpose    of 

Compensntion  rr  r       r 

of  viewers,  and  assessing  damages  in  pursuance  of  the  act  of  the  twenty-seventh 

their  powers.  o  o  i  j 

See  ante,  sec.  4,  0f  3Iarch,  Auno  Domini  one  thousand  eight  hundred  and    forty- 

p.  28.  '  B  J 

eight,  entitled  "An  Act  to  incorporate  the  Pennsylvania  Railroad 

Company,"  be  entitled  to  receive  as  a    compensation  two  dollars 

per  day  while  engaged  in  said  business ;  that  one  or  more   of  said 

viewers  shall  have  power  to  adjourn  from  day  to  day,  and  that  a 

majority  of  the  said  viewers  so  appointed  shall  have  power  to  view 

and  assess  damages,  and  to  report  as  fnlly  and  with  like  effect  as 

Penalty  often     though  all  were  present.     And  prodded  further,  That  a  peualty  of 

?ectofSdutyTg"   ten  dollars  be  imposed  on  any  of  the  said  viewers  who  shall  neglect 

or  refuse  to  attend  after  appointment  and  clue   notice,  at  the  time 

and  place  named,  unless  unavoidably  prevented;  said  penalty  to  be 

recoverable   before    any  justice  of  the  peace,   as  debts   of  similar 

amount  are  recoverable,  for  the  use   of  the  person  suing   for  the 

same. 

stockholders  to       Section  2.  That  hereafter  the  stockholders  of  the  said  Pennsyl- 

meet  on  the  1st 

Monday  ot  Fei>-  vania  Railroad  Company  shall  meet  on  the  first  Monday  of  February, 

ruary  annually. 

See  ante,  p.  s.     in  every  year ;    and  that  so  much  of  the  fourth  section  of  the  act, 
entitled  "  An  Act  to  incorporate  the  Pennsylvania  Railroad  Com- 
pany," approved  the  thirteenth  day  of  April,  one  thousand  eight 
hundred  and  forty  sis,  as  prescribes  the  first  Monday  in  December 
as  the  day  of  the  annual  meeting,  is  hereby  repealed. 
At  the  annual         Section  3.  That  at  each  annual  meeting  of  the  stockholders  of 
dentt^'dFre&1  said  company,  the  president  and  directors  for  the  year  preceding 
theSstoci^oiders  shall  lay  before  them  a  full  and  complete  statement  of  the  affairs  of 
DecemiJrimme-  the  company  for  the  year  ending  on  the  last  day  of  December  im- 
ing.e,seesec."    mediately  preceding,  and  that  so  much  of  the  nineteenth  section  of 
corporation,111"    the  act  aforesaid,  as  prescribes  the  last  day  of  October  as  the  day  to 
which  such  statement  shall  be  completed,  is  hereby  repealed. 

Approved  April  26/A,  1850. 


SUPPLEMENTS   TO   CHARTER. 


A  FURTHER  SUPPLEMENT 

TO  THE  ACT  ENTITLED   "AN  ACT  TO  INCORPORATE  THE  PENN- 
SYLVANIA RAILROAD  COMPANY." 

Section  1.  That  to  enable  the  Pennsylvania  Railroad  Company  Pennsylvania 

Railroad  Co.  to 

to  complete,  stock,  and  equip  their  railroad  with  its  appurtenances,  inane  additional 

r  certificates  of 

and  from  time  to  time  to  lay  down  a  double  track  therefor  by  means  stock. 

J  .  Seo  ante,  p.  IT. 

of  subscription  to  the  capital  stock,  it  shall  be  lawful  for  the  said 
company,  in  addition  to  the  said  capital  stock  authorized  by  the 
twentieth  section  of  the  act  incorporating  said  company,  passed  on 
the  thirteenth  day  of  April,  eighteen  hundred  and  forty-sis,  to  issue 
certificates  for  any  additional  sum  not  exceeding  sixty  thousand 
shares,  and  to  demand  and  receive  moneys  for  the  same  for  said 
additional  shares  when  subscribed  for,  in  like  manner,  and  upon  the 
same  conditions  as  to  instalments  and  otherwise,  as  are  provided  for 
in  the  ninth  section  of  said  original  act :  Provided,  That  the  par  Proviso, 
value  of  said  additional  capital  stock  shall  be  fifty  dollars  per  share, 
as  heretofore,  and  that  the  holders  thereof  shall  have  all  the  rights 
and  immunities  which  are  by  law  vested  in  the  subscribers  to  the 
capital  stock  originally  authorized  to  be  created. 

Section  2.  That  the  said  Pennsylvania  Railroad  Company  are  To  hold  certain 

J  i.       j  rea]  estate. 

hereby  authorized  to  purchase  and  hold  the  title  to  two  several 
estates  situated  in  West  Philadelphia,  and  county  of  Philadelphia, 
owned  now,  or  late,  by  the  city  of  Philadelphia,  and  the  Board  of 
Health,  respectively,  and  also  to  purchase  and  hold  the  title  to  any 
portion  of  the  Powelton  estate,  for  the  purpose  of  erecting  thereon 
offices,  station  houses,  warehouses,  shops,  car  sheds,  sidings,  cattle 
yards,  and  for  such  other  objects  as  appertain  to  the  legitimate 
business  of  the  company,  authorized  by  their  act  of  incorporation, 
of  transporting  passengers  and  tonnage  over  their  road  and  the 
Columbia  Railroad,  not  exceeding  thirty  acres  of  uplands;  the 
boundaries  of  such  quantity  of  land  as  said  company  may  deem 
proper  to  take,  to  be  determined  by  the  President  of  the  company, 
and  the  Governor  of  the  State  of  Pennsylvania,  or  the  President  of 
the  Board  of  Canal  Commissioners ;  also  the  right  to  purchase  and 
hold  within  the  city  of  Philadelphia,  such  other  property  for  depots, 
offices,  and  sidings,  as  may  be  necessary  or  convenient  for  the  trans, 
action  of  the  proper  business  of  said  company,  authorized  by  their 
act  of  incorporation. 

Section  3.  That  Eighth  street  and  Plumb  alley,  in  the  city  of  Certain  streets 

tv  j.     1  i  -i  -iiii  in  city  of  Pitt^- 

rittsburgn,  and  all  other  streets  that  extend  through  the  property  of  burgh  vacated. 


34 


SUPPLEMENTS   TO   CHARTER. 


the  Pennsylvania  Railroad  Company,  are  hereby  vacated,  and  the 
title  thereof  vested  in  the  said  company  :  Provided,  That  the 
councils  of  said  city  give  their  assent  thereto,  and  the  same  shall  be 
filed  in  the  Court  of  Quarter  Sessions  of  Allegheny  county. 

Section  4.  That  the  right  of  the  Councils  of  the  city  of  Pitts- 
burgh, to  lease  to  the  said  railroad  company  the  levee  on  the  Monon- 
gahela  river,  below  Liberty  street,  is  hereby  recognized  and  con- 
firmed. 

Approved  April  lod,  1852. 


Lease  of  levee 
on  Mononga- 
hela  river  con- 
firmed. 


A  FURTHER  SUPPLEMENT 

TO  THE  ACT  ENTITLED  "  AX  ACT  TO  INCORPORATE   THE  PENN- 
SYLVANIA RAILROAD  COMPANY." 


Pennsylvania 
railroad  Co.  au- 
thorized to  sub 
scribe  stock  in 
ei-rtain  cases. 


Pennsylvania 
Railroad  Co.  to 
issue  additional 
certificates  of 
stock.   See  ante, 
pp.  17,  33. 


Section  1.  That  the  Pennsylvania  Railroad  Company  be  and 
they  are  hereby  authorized  and  empowered  to  subscribe  to  the 
capital  stock,  or  guarantee  the  bonds  of  such  railroad  companies  in 
other  States,  as  may  seem  to  them  important  to  promote  the  trade 
of  Pennsylvania  and  the  interest  of  the  company,  such  subscription 
not  to  exceed  fifteen  per  cent,  of  the  capital  stock  actually  sub- 
scribed to  the  said  Pennsylvania  Railroad  Company,  and  to  pay  for 
the  same  in  such  manner  as  the  directors  of  said  Pennsylvania  Rail- 
road Company  may  determine  :  Provided,  That  said  company  shall 
give  thirty  days'  notice,  which  notice  shall  be  during  the  session  of 
the  Supreme  Court,  in  at  least  one  newspaper  published  in  the  City 
of  Philadelphia,  and  one  newspaper  published  in  the  City  of  Pitts- 
burgh, of  any  intended  subscription  or  guarantee  under  the  provi- 
sions of  this  act,  and  it  shall  be  the  duty  of  the  Supreme  Court  to 
proceed  without  delay,  within  the  said  thirty  days,  to  hear  and 
determine  any  application  for  a  preliminary  injunction,  by  any 
stockholder  in  said  company,  to  restrain  said  company  from  making 
such  subscription  or  guarantee. 

Section  2.  That  for  the  purpose  of  meeting  the  subscriptions 
authorized  by  the  foregoing  section,  and  to  enable  them  to  construct 
their  double  track,  it  shall  be  lawful  for  the  said  Pennsylvania  Rail- 
road Company,  in  addition  to  thesaid  capital  stock  authorized  by  the 
twentieth  section  of  the  act  incorporating  said  company,  passed  on 
the  thirteenth  day  of  April,  one  thousand  eight  hundred  and  forty- 
six,  and  the  several  supplements  thereto,  to  issue  certificates  for  any 


SUPPLEMENTS   TO   CHARTER.  35 

additional  sums,  not  exceeding  eighty  thousand  shares,  and  to 
demand  and  receive  moneys  for  the  same  when  subscribed  for,  in 
like  manner,  and  also  on  the  same  conditions  as  to  instalments  and 
otherwise,  as  are  provided  for  in  the  ninth  section  of  said  original 
act  of  incorporation  :  Provided,  That  the  said  additional  capital  Proviso, 
stock  shall  be  fifty  dollars  per  share,  as  heretofore,  and  that  the 
holders  thereof  shall  have  all  the  rights  and  immunities  which  are 
by  law  invested  in  the  subscribers  to  the  capital  stock  originally 
authorized  to  be  created  :  And  provided  further,  That  no  such  cer-  Proviso. 
tificate  hereby  authorized  to  be  issued,  shall  be  for  a  less  sum  than 
one  hundred  dollars. 

Section  3.  That  the  directors  of  the   Pennsylvania   Eailroad  Authority  to 

r\  1  ii  ii  i        •       i  ii  i-  e'eet  T'ce  Presi- 

Company  be  and  they  are  hereby  authorized  to  add  to  their  num-  dent. 
ber,  by  electing  from  the  body  of  the  stockholders,  at  such  time 
as  they  may  determine,  and  annually  thereafter,  if  they  deem  it 
expedient,  one  person,  who  shall  act  as  vice-president  of  said  com- 
pany, with  such  powers  and  for  such  compensation  as  the  said  board 
shall  by  by-law  or  resolution  establish  and  direct. 

Approved  March  23(7,  1853. 


A  FURTHER  SUPPLEMENT 

TO  AN  ACT  TO  INCORPORATE  THE  PENNSYLVANIA  RAILROAD 
COMPANY,  PASSED  APRIL  THIRTEENTH,  ONE  THOUSAND  EIGHT 
HUNDRED  AND  FORTY-SIX. 

Section  1.  That  in  proceedings  by  the  Pennsylvania  Eailroad  how  notice  to 
Company,  for  the  appropriation  of  land  under  any  Act  of  Assembly,  bondtondered 
when  it  shall  appear  to  the  Court  of  Common  Pleas,  by  affidavit  or  to  appropriate 
otherwise,  that  there  is  a  disputed,  doubtful  or  defective  title,  or  ttaefedonbtfoi, 
that  any  party  in  interest  is  absent,  covert,  not  of  full  age,  or  from  terested  absent] 
any  cause  incapable  of  being  served  with  notice,  or  of  having  a  bond  age,  or  other- 
tendered  within  the  county  where  the  land  is  situated,  the  said  court  ofbein^served. 
shall,  on  application  of  the  said  company,  direct  the  filing  of  a  bond 
in  an  amount,  and  with  security,   to  the  commonwealth,    to   be 
approved  by  the  court,  for  the  use  of  the  party  found  to  be  entitled 
thereto,  and  shall  direct  notice  thereof,  and  of  the  petition  to  assess 
damages,  and  the  meeting  of  viewers,  to  be  published  in  two  news- 


36  SUPPLEMENTS   TO   CIIARTEE. 


papers  of  the  county  where  the  land   is  situated,  for  two  weeks 
before  the  day  appointed  for  the  meeting  of  the  viewers ;  and  the 

Effect  of  such  .  J      ff  B  ; 

notice  and  bond,  said  bond  so  filed,  and  the  said  notice  so  given,  shall  have  like  effect 
as  if  the  provisions  of  the  twelfth  section  of  the  Act  of  Assembly, 
entitled  "An  Act  to  incorporate  the  Pennsylvania  Railroad  Com- 
pany," approved  April  thirteenth,  one  thousand  eight  hundred  and 
forty-sis,  in  regard  to  giving  bond,  had  been  fully  complied  with, 
and  as  if  personal  notice  had  been  served  on  the  party  owning  the 
said  lands,  as  provided  for  by  the  fourth  section  of  an  act  entitled 
"  A  further  supplement  to  an  act  to  incorporate  the  Pennsylvania 
Railroad  Company,"  passed  April  thirteenth  one  thousand  eight 
hundred  and  forty-six,  approved  the  twenty-seventh  day  of  March, 
one  thousand  eight  hundred  and  forty-eight. 

nth  sec.  of  act       Section  2.  That  so  much  of  the  eleventh  section  of  the  act  of 

ofAprill3,tS46,  .  it.  •      t.    -i 

shall  not  be  Assembly  entitled  <;  An  Act  to  incorporate  the  Pennsylvania  Rail- 
construed  to  ■ll«l  1  1        •    1 

prevent  the  tak- road  Company,"  approved  April   thirteenth,  one  thousand   eight 

iug  in  any  incor-  m  # 

porated  city  or  hundred  and  forty-sis,  as  prohibits  the  said  company  from  passing 
dwelling  house,  through  any  dwelling-house,  shall  not  be  construed  so  as  to  prevent 

&c,  necessary  .         .  .  ,  1  p  i  1  ■ 

and  convenient  the  taking  in  any  incorporated  city  or  borough,  of  any  dwelling 

for  depots,  &c.  D  J  r  . 

See  ante,  p.  13.  house  by  whomsoever  possessed  or  occupied,  and  the  land  on  which 
the  same  is  erected,  which  may  be  necessary  or  convenient  for 
depots,  warehouses,  offices,  toll  houses,  engine  and  water  stations, 
or  other  buildings  or  appurtenances ;  but  the  right  of  said  company 
to  take  such  property  for  such  purposes  is  hereby  declared  and 
Proviso.  affirmed :  Provided,  That  full  compensation  be  made  to  the  owner 

or  owners  of  such  buildings,  for  all  damages  sustained  thereby,  the 
Proviso.  same  to  be  ascertained  as  in  other  cases  :  Provided,  That  the  prices 

heretofore  agreed  to  be  paid  by  said  railroad  company,  and  agreed 
to  be  received  by  the  owners  of  property  in  the  city  of  Pittsburgh, 
shall  not,  in  any  case,  be  reduced  by  any  decision  or  decisions  of  a 
Proviso.  jury  or  juries  that  may  be  appointed  to  assess  damages:  And  pro- 

of entry  to  cer-  vided  further,  That  the  said  power  of  entering  upon  property,  as 
FirstPward,  authorized  by  this  act,  shall  be  limited  to  that  part  of  the  First 
See  Sup^Aprii    Ward  in  said  city  of  Pittsburgh,  being  between  Marbury,  Water, 

37!       'pos  'p'  Liberty  and  Penn  streets. 

Approved  February  \lth,  1854. 


SUPPLEMENTS   TO   CHARTER.  37 


A  FURTHER  SUPPLEMENT 

TO  THE   ACT   INCORPORATING   THE   PENNSYLVANIA   RAILROAD 

COMPANY. 

Section  1.  That  the  Pennsylvania  Railroad  Company,  for  the  For  certain  pur- 
poses company 
purpose  of  completing  their  second  track,  increasing  their  motive  fH^a  have 

power,  and  building  suitable  houses  at  Philadelphia,  Pittsburgh,  crease  their 

r  '  n  .  loans,  and  erect 

and  along  the  line  of  their  road,  for  the  reception  and  accommoda-  certain  buiid- 

°  .  .  inirs,  &c.    See 

tion  of  travelers  and  the  storage  of  freight,  and  which  they  are  ante,  p.  7. 
hereby  authorized  to  erect,  shall  have  power  to  increase  their  loans  : 
Provided,  The  debts  and  other  obligations  of  the  company,  includ-  Proviso, 
ing  loans,  shall  not  at  any  time  exceed  the  amount  of  capital  stock 
paid  in  and  expended  on  the  road  and  its  equipment :  Provided  Proviso. 
further,  That  the  loans  contemplated  in  this  act  shall  not  be  made 
unless  with  the  assent  of  a  majority  of  the  stockholders  of  said  com- 
pany, represented  at  a  stated  or  special  meeting  of  the  same. 

Approved  April  18th,  1854. 


A  FURTHER  SUPPLEMENT 

TO  AN  ACT  INCORPORATING  THE  PENNSYLVANIA  RAILROAD 
COMPANY,  PASSED  THE  THIRTEENTH  DAY  OF  APRIL,  ONE 
THOUSAND  EIGHT  HUNDRED  AND  FORTY-SIX. 

Section  1.  That  so  much  of  an  act  that  became  a  law  on  the  pa,tofactof 
eighteenth  of  February,  one  thousand  eight  hundred  and  fifty-four,  lu^dzin^ ot- 
entitled  "  A  further  Supplement  to  an  Act  incorporating  the  Penn-  ^ESSS1 
sylvania  Railroad   Company,  passed  the  thirteenth  of  April,  one  b^rjfh.'repeaw. 
thousand  eight  hundred  and  forty-six,"  as  gives  power  to  said  rail-  ^™sup!'!eb. 
road  company  to  enter  upon  property  situated  between  Marbury, 17'  18°4- 
Penn,  "Water  streets  and  Exchange  alley,  in  the  First  Ward  of  the 
city  of  Pittsburgh,  be  and  the  same  is  hereby  repealed. 

jipproved  April  21s/,  1854. 


38  SUPPLEMENTS   TO   CHARTER. 


A  SUPPLEMENT 

TO   THE   ACT   INCORPORATING   THE   PENNSYLVANIA  RAILROAD 

COMPANY. 

Board  of  direct-  Section  1.  That  the  board  of  directors  of  the  Pennsylvania  Rail- 
toinc'rease.'from  road  Company  shall  have  authority  to  increase,  from  time  to  time, 
capital" stock  of  the  capital  stock  of  the  company,  such  increase  not  to  exceed  forty 

company,  such     ,  i  i     u 

increase  not  to    thousand  shares. 

sharei^increas-      Section  2.  That  the  annual  election  of  the  board  of  directors 
by  se'c.  4,  Act'of  shall  hereafter  be  held  at  the  office  of  the  company,  in  Philadelphia, 
post,  p  48.  see  between  the  hours  of  ten  A.  M.  and  six  P.  M.,  on  the  first  Monday 
ante,  pp.    ,    ,  ^  ^iarch  0f  each  year.     The  annual  meeting  of  the  stockholders  to 
ofboardof di-    be  held  on  the  first  Monday  of  February,  as  heretofore. 
and°where  held.      Section  3.  That  no  person  shall  be  eligible  to  fill  the  office  of 
ot^ockiK.idersf  director,  who  shall  not  have  been  possessed,  in  his  own  right,  of 
antenp,es. '    ee  not  less  than  fifty  shares  of  the  stock  of  the  company,  at  least 
asdirector unless  ninety  days  previous  to  his  election,  either  by  the  private  stock - 
owTrfght.'of  50  holders,  or  by  the  municipal  corporations  holding  stock  in  the  com- 
at  least  90  days  pany ;  that  any  vacancies  that  may  hereafter  occur  in  the  board, 
See'antVp-1^'  from  any  cause  whatever,  shall  be  filled  by  the  board  in  the  man- 
ner provided  for  in  the  fifth  section  of  the  charter  of  the  com- 
pany, to  which  this  is  a  supplement :  Provided,  That  before  this 
act  shall  go  into  effect,  it  shall  be  approved  by  the  stockholders,  at 
a  general  meeting  called  for  that  purpose. 

Approved  May  2d,  1855. 


A  FURTHER  SUPPLEMENT 

TO  AN  ACT  TO  INCORPORATE  THE  PENNSYLVANIA  RAILROAD 
COMPANY,  PASSED  APRIL  THIRTEENTH,  ONE  THOUSAND  EIGHT 
HUNDRED  AND  FORTY-SIX. 

Comp  an_  Section  1.  That  the  Pennsylvania  Railroad  Company  be  and  is 
BtroctaMaroad  nere^y  authorized  to  construct  a  railroad  from  a  point  on  the  Phila- 
d^piiia'and'c'o-  delphia  and  Columbia  railroad  north  of  Market  street,  in  the  city  of 
no"\hof  Market  Philadelphia,  near  the  repair  shops  of  said  company ;  thence  passing 
phfa.ttoPDeia-el "behind  the  said  shops,  across  Market  street;  thence  down  the  cen- 
tre of  Mansion  street,  to  the  West  Chester  railroad ;  thence  to  some 


ware  river. 


SUPPLEMENTS  TO  CHARTER. 


point  on  the  west  side  of  the  river  Schuylkill,  at  or  near  Gray's  gee  sec. 3,  Act ol 
ferry  bridge;  thence  crossing  said  river  to  the  river  Delaware,  and  post,p.'i  I 
terminating  thereon  south  of  the  Navy  Yard,  by  such  route  as  may 
be  most  practicable  and  conducive  to  the  public  interests  :  Provided,  Proviso. 
however,  That  the  line  of  said  road  from  a  point  one  hundred  feet 
north  of  the  north  side  of  Market  street  to  the  south  side  of  Chest- 
nut street,  and  if  practicable,  further  south,  shall  be  by  means  of  a 
tunnel  at  such  distance  below  the  surface  as  not  to  interfere  with 
pipes  and  culverts,  and  from  the  point  where  said  tunnel  may  ter- 
minate, to  the  south  side  of  Walnut  street ;  said  road  shall  be  under 
the  surface  by  means  of  a  tunnel  or  covered  way,  whichever  may  be 
most  practicable,  and  from  thence  to  a  point  one  hundred  feet  fur- 
ther southward,  by  a  covered  way  under  or  above  the  surface,  as 
may  be  necessary,  and  on  the  line  of  said  Mansion  street,  below 
Chestnut  street,  the  location  of  said  pipes  and  culverts  may  be 
altered  by  the  board  as  shall  be  requisite  :  And  provided  further,  Proviso, 
said  road  shall  not  pass  through  any  part  of  the  Woodland  Ceme- 
tery without  the  consent  of  the  directors  thereof,  and  shall  be 
located,  as  regards  grades  and  route,  with  the  approval  of  the  board 
of  survey  of  said  city,  and  subject  to  such  regulations  as  the  Coun- 
cils of  said  city  may  from  time  to  time  ordain  for  the  public  conve- 
nience and  safety. 

Section  2.  That  the  Councils  of  said  city  are  hereby  authorized  Councils  au- 

.,  .,,  ,.  l-i-ie  oi       thorizeel  to 

to  widen  to  a  width  not  exceeding  one  hundred  teet,  any  ot  the  wideD  streets 

/»       •  1     •       ,i  ■<  -ill  n  occupied  by 

streets  ot  said  city  that  may  be  occupied  by  the  route  of  said  rail-  route  of  road  as 

..  ,  .  extended.  <ic. 

road  so  extended,  and  to  cause  the  same  to  be  laid  out  upon  the 

plans  of  said  city,  of  said  increased  width,  the  damages  therefor  to  How  damages 

,  .       n    .        ,  •  i    i    i       i         •  e  ascertained. 

be  ascertained  in  the  manner  now  provided  by  law  in  reference  to 
the  opening  of  the  streets  of  said  city :  Provided,  That  the  said  Proviso, 
company  shall  first  give  security  to  said  city  for  the  payment  of  all 
such  damages. 

Section  3.  That  the  said  company  shall  have  full  power  and  Company  m- 

•  it\i  lntiiMi-  thorized  to  con- 

authority  to  construct  at  the  Delaware  and  Schuylkill  rivers,  on  or  struct  wharves. 

t  n  •>  4c,  on  Delaware 

contiguous  to  the  line  of  said  railroad,  such  area  of  ground  not  ex-  and  Schuylkill 

.  iiT  rivers,  on  line 

ceeding,  in  the  aggregate,  twenty-five  acres,  wharves,  docks  and  ofroad. 

warehouses,  with  the  necessary  appurtenances,  as  may  be  required 

for  the  proper  accommodation  of  the  freight  passing  over  said  road, 

and  to  charge  and  collect  storage  and  wharfage  at  reasonable  and  Charge  &  collect 

to  e  ...  storage.  &c. 

customary  rates  :   Provided,  however,  That  other  parties  desiring  to  Proviso, 
make  connections  with  said  railroad  shall  be  at  liberty  to  do  so 
under  such  regulations  as  may  be  necessary  for  safety  and  conve- 
nience :  Provided  further,  That  all  freight  and  business  of  what- 


40  SUPPLEMENTS   TO   CHARTER. 

ever  kind  carried  over  the  Columbia  railroad  by  the  Pennsylvania 
company,  and  destined  for  the  city  of  Philadelphia,  or  taken  there- 
from for  westward  transportation,  by  said  company,  shall,  whenever 
requested  by  the  owner  or  transporter  of  such  freight,  be  delivered 
or  received  in  Market  street  by  said  company,  as  heretofore,  and 
Penalty  for  eva-  any  evasion  of  this  proviso  shall  subject  the  president  and  directors, 

sion  of  proviso. 

or  any  other  officer  or  agent  assenting  thereto,  each  to  a  fine  of  one 
How  recovered,  hundred  dollars  for  every  offence,  to  be  recovered  as  debts  of  like 
For  whose  use.   amount  are  now  recoverable,  one-half  for  the  use  of  the  complainant, 

and  the  other  half  for  the  use  of  the  guardians  of  the  poor  of  said 

city, 
company  au-  Section  4.  That  the  said  company  be  and  is  hereby  authorized 
nect  said  rail-  and  empowered  to  connect  the  said  railroad  with  any  railroads  now 
railroads  in  or  hereafter  constructed  within  the  limits  of  the  city  of  Philadel- 
ou  route  of  ex-  phia,  upon  the  route  of  said  road  so  extended,  on  such  terms,  and 
On  what  terms.  ^or  sucn  time,  and  under  such  restrictions,  as  may  be  agreed  upon 

by  the  officers  and  directors  of  said  companies. 
Act  not  to  go         Section  5.  That  before  this  act  shall  go  into  effect  it  shall  be 
approved'by11*11  approved  by  the  stockholders  at  a  general  meeting  to  be  called  for 


stockholders. 


that  purpose. 

Approved  April  IStJi,  1856. 


A  FURTHER  SUPPLEMENT 

TO  THE  ACT  TO  INCORPORATE  THE  PENNSYLVANIA  RAILROAD 

COMPANY. 

So  much  of  10th  Section  1.  That  so  much  of  the  tenth  section  of  the  charter  of 
ter  acquires  the  said  company  as  requires  the  payment  of  a  dividend  ten  days 
divTiends  ten*7  after  its  declaration,  be  and  the  same  is  hereby  repealed;  and  that 
are  declared  iey  each  dividend  that  may  hereafter  be  declared,  shall  be  paid  to  the 
Company  may  stockholders,  or  their  legal  representatives,  on  application  at  the  office 
wtthiny30  days  of  the  said  company,  at  any  time  not  exceeding  thirty  days  after 
decteedTaBdi-  its  declaration,  as  the  board  of  directors  may  fix. 

rectors  may  fix.  .,  3  ■,.       oi^ioc- 

Ante,  p.  12.  Approved  May  list,  loo / . 


ACTS    OF    ASSEMBLY 

AFFECTING    THE    COMPANY. 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  43 


AN  ACT 

TO  EXEMPT  CERTAIN  CERTIFICATES  OF  LOAN  FROM  TAXATION 
FOR  COUNTY  AND  MUNICIPAL  PURPOSES. 

Section  1.  That  the  certificates  of  loan  heretofore  issued,   or  Certain  certifi- 
cates of  loan 
which  shall  hereafter  be  issued  by  the  county  of  Allegheny,  by  the  exempt  from 

.  J  J  a         J  J      J  taxation  except 

city  of  Pittsburgh,  by  the  city  of  Allegheny,  or  by  the  city  of  Phila-  for  state  pur- 
delphia,  in  payment  of  any  subscription  made  by  said  county  or 
cities,  to  the  capital  stock  of  the  Pennsylvania  Railroad  Company, 
or  the  capital  stock  of  the  Ohio  and  Pennsylvania  Railroad  Com- 
pany, be  and  the  same  are  hereby  exempted  from  all  taxation  within 
this  Commonwealth,  except  for  State  purposes. 

Approved  April  bth,  1849. 


A  SUPPLEMENT 

TO  AN  ACT  ENTITLED  "AN  ACT  TO  INCORPORATE  THE  VILLAGE 
OF  PETERSBURG,  IN  THE  COUNTY  OF  PERRY,  INTO  A  BOROUGH," 
PASSED  THE  TWELFTH  DAY  OF  MARCH,  ONE  THOUSAND  EIGHT 
HUNDRED  AND  FORTY-FOUR,  &c. 

Section  6.  That  the  town  council  of  the  borough  of  Petersburg  Borough  of 
aforesaid,  shall  have  full  power  and  authority  to  pass  such  ordi-  thomed  to  pass 
nances,  and  impose  and  enforce  such  penalties  from  time  to  time,  impose  penai- 
for  the  protection  of  the  lives  and  property  of  the  citizens  of  said  taon  of  lives,  &&, 
borough,  as  shall  effectually  prevent  the  Pennsylvania  Central  Rail- prevent  Pa.R.R. 
road  Company,  or  their  agents,  from  running  their  engines  and  ning  engines  & 

,  ..  •  i    i  i  ii  .    i  »i       cars  through 

cars  through  the  said  borough  at  a  greater  speed  than  eight  miles  borough  at 

'^tc  titer  spocil 

per  hour,  and  to  compel  them  to  give  due  notice,  by  bell  or  whistle,  than  s  miles  an 
before  passing  any  of  the  cross  streets  or  roads  within  the  limits  of  pel  them  to  give 

.  i  i  ,  notice  by  bell  or 

Said  DOrOUgh.  whistle  at 


Approved  April  2d,  1850. 


crossings. 


44  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


AN  ACT 

TO  AUTHORIZE  THE  COLLECTION  OF  ROAD  TAXES  IN  CONEMAUGH 
TOWNSHIP,  INDIANA  COUNTY,  IN  MONEY;  RELATIVE  TO  HAWK- 
ERS AND  PEDLERS  IN  THE  COUNTIES  OF  ARMSTRONG,  INDIANA, 
BEDFORD,  AND  CAMBRIA;  TO  THE  ERECTION  OF  A  BRIDGE  IN 
CUMBERLAND  COUNTY;  TO  AUTHORIZE  THE  PENNSYLVANIA 
RAILROAD  TO  CONSTRUCT  A  LATERAL  ROAD  IN  THE  COUNTY 
OF  INDIANA ;  AND  EXTENDING  CERTAIN  ROAD  LAWS  IN  SUSQUE- 
HANNA COUNTY. 

Pennsylvania  Section  4.  That  the  Pennsylvania  Kailroad  Company  be  and 
ny  authorized  to  is  hereby  authorized  to  construct  a  lateral  railroad  from  a  point 
rai  railroad.  '  at  or  near  Liebengood's  summit,  on  the  said  Pennsylvania  Kail- 
road/in  Derry  Township,  "Westmoreland  county,  to  a  point  at  or 
near  the  borough  of  Blairsville,  in  the  county  of  Indiana,  subject 
to  the  provisions  contained  in  the  Act  of  Assembly  incorporating 
said  company,  and  the  various  supplements  thereto. 

Approved  April  Qth}  1850. 


AN  ACT 

TO  INCORPORATE  THE  SOUTHERN  GAS  COMPANY,  AND  RELATIVE 
TO  THE  APPRAISERS  OF  TAVERN  LICENSES  IN  THE  CiTY  AND 
COUNTY  OF  PHILADELPHIA. 

Subscription  by  Section  11.  That  the  authority  given  to  municipal  corporations 
pOTaUonfmay  to  subscribe  to  the  stock  of  the  Pennsylvania  Railroad  Company, 
^Mityofflw  ^  the  Supplement  to  an  act  entitled  "  An  Act  to  incorporate  the 
subs™riSitionsSto  Pennsylvania  Railroad  Company,  approved  March  twenty-seventh, 
be  paid  in  certi-  0ne  thousand  eight  hundred  and  forty- eight,"  shall  be  granted  bv 

ficates  of  loan  at  °  J       °     '  a  J 

Rar:-«  x       .  a  majority  of  the  Board  of  Commissioners  of  the  several  districts 

Certificates  not  ";         J 

to  be  taxed  ex-   therein  referred  to,  provided  said  railroad  company  will  take  in  pav- 

cept  for  state  '  r  r      J  r   J 

i'er>e°ieCd'b  a  menfc  °^  sucn  subscriptions  the  certificates  of  loan  of  said  corpora- 
of Apriiio  is5i,  tions  at  par,  which  certificates   shall    be  exempt  from   taxation, 

sec.  6,  post,  p.  x       '  r  ' 

45-  except  for  State  purposes. 

Approved  May  15th,  1S50. 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  45 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  "AN  ACT  TO  INCORPORATE  THE 
MARSHALL  SAVING  ASSOCIATION  OF  THE  CITY  AND  COUNTY  OF 
PHILADELPHIA,"  APPROVED  THE  TWENTY-SECOND  DAY  OF 
MARCH,  ONE  THOUSAND  EIGHT  HUNDRED  AND  FIFTY,  AND 
RELATIVE  TO  THE  ESTATES  OF  SARAH  KNORR  AND  THOMAS 
REEVES,  AND  IN  REFERENCE  TO  DEEDS  AND  THE  COLLECTORS 
OF  CORPORATION  TAXES  IN  THE  DISTRICT  OF  THE  NORTHERN 
LIBERTIES,  IN  THE  COUNTY  OF  PHILADELPHIA. 

Section  6.  That  the  eleventh  section  of  an  act  eptitled  "  An  Pennsylvania 
Act  to  incorporate  the  Southern  Gas  Company,  and  relative  to  the  pany,  repeal  of 
appraisers  of  tavern  licenses  in  the  city  and  county  of  Philadel-  CeminS. 
phia,"  approved  the  fifteenth  day  of  May,  one  thousand  eight  hun- 
dred and  fifty,  be  and  the  same  is  hereby  repealed. 

Approved  April  10th,  1851. 


AN  ACT 

CONSTRUING  THE  FIFTH  SECTION  OF  THE  ACT  ENTITLED  "A  FUR- 
THER SUPPLEMENT  TO  AN  ACT  TO  INCORPORATE  THE  PENN- 
SYLVANIA RAILROAD  COMPANY,"  AND  RELATIVE  TO  THE  OB- 
STRUCTION OF  PRIVATE  ROADS  BY  RAILROAD  COMPANIES; 
RELATIVE  TO  HOLDING  ELECTIONS  IN  SPARTA  TOWNSHIP, 
CRAWFORD  COUNTY,  AND  THE  BOROUGH  OF  LORETTO,  CAMBRIA 
COUNTY;  AUTHORIZING  JOHN  McDILL  TO  SELL  CERTAIN  REAL 
ESTATE  ;  TO  A  VOLUNTEER  COMPANY  CALLED  THE  .BROAD  TOP 
RIFLE  RANGERS ;  TO  THE  BOROUGH  OF  EBENSBURG,  CAMBRIA 
COUNTY;  TO  SUPERVISORS  IN  LANCASTER  AND  JEFFERSON 
COUNTIES ;  CHANGING  THE  NAME  OF  THE  NORTHUMBERLAND 
AND  POINT  INFANTRY,  A  VOLUNTEER  COMPANY ;  TO  THE  CHEST- 
NUT HILL  IRON  ORE  COMPANY;  TO  AN  ELECTION  DISTRICT  IN 
CLEARFIELD  COUNTY,  AND  TO  THE  CONOCOCHEAGUE  CREEK  IN 
FRANKLIN  COUNTY. 

Section  1.  That  the  fifth  section  of  the  act  entitled  "A  further  construing  fifth 
supplement  to  An  Act  to  incorporate  the  Pennsylvania  Railroad  ta^n  act^eiative 
Company,"  passed  the  twenty. eighth  day  of  March,  one  thousand  yan^Raiiroad1' 
eight  hundred  and  forty-eight,  shall  be  so  construed  as  to  include  the  Ante' p" 29' 
streets,  lanes  and  alleys,  in  any  town,  borough  or  city  through 
which  said  road  passes. 


4  6  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


Relative  to  the        Section  2.  That  any  chartered  railroad  company  in  this  Com- 

obstruction  of  i.i       -i     .    -     ,.  •  t         ,i        />  n 

private  roads  by  monwealtn  obstructing  or  impeding  the  tree  use  or  passage  of  any 

railroad  compa-       .  t  ■,  ,  ■,.         ,  •     , , 

nies.  private  road  or  crossing  place,  by  standing  burthen  cars  or  engines, 

or  placing  other  obstructions  on  any  railroad  wherever  any  private 
road  or  crossing  place  may  be  necessary  to  enable  the  occupant  or 
occupants  of  lands  or  farms  to  pass  over  any  railroad  with  horses, 
cows,  hogs,  sheep,  carts,  wagons,  and  implements  of  husbandry, 
shall  for  every  such  offence,  after  any  agent  or  other  person  in  the 
employment  of  any  railroad  company  shall  have  received  at  least  fif- 
teen minutes'  verbal  notice  to  remove  burthen  cars,  engines,  or  other 
obstructions,  from  any  private  road  or  crossing  place,  that  may  pass 
over  any  railroad,  be  liable  for  a  penalty  of  thirty  dollars,  which 
shall  be  for  the  use  of  the  person  or  persons  aggrieved,  and  which 
shall  be  recovered  before  any  justice  of  the  peace  in  the  same  man- 
ner that  debts  not  exceeding  one  hundred  dollars  are  by  law  reco- 
verable. And  in  all  suits  or  actions  that  may  be  brought  against 
any  railroad  company  for  the  recovery  of  said  penalty  of  thirty  dol- 
lars, the  service  of  legal  process  on  any  agent  or  other  person  in  the 
employment  of  any  railroad  company  shall  be  as  good  and  available 
in  law  as  if  made  on  the  president  thereof. 

Approved  April  Vlth,  1851. 


AN  ACT 

TO  AUTHORIZE  THE  PENNSYLVANIA  RAILROAD  COMPANY  TO 
EXTEND  ITS  LATERAL  ROAD  NOW  MADE  FROM  LIEBENGOOD'S 
SUxMMIT  IN  WESTMORELAND  COUNTY  TO  THE  BOROUGH  OF 
BLAIRSVILLE,  TO  THE  BOROUGH  OF  INDIANA,  IN  THE  COUNTY 
OF  INDIANA. 

Section  1.  That  the  Pennsylvania  Railroad  Company  be,  and  is 
hereby  authorized,  if  they  deem  it  expedient,  to  extend  its  lateral 
road  now  made  from  Leibengood's  Summit,  in  Westmoreland 
county  to  the  borough  of  Blairsville,  in  a  northerly  direction,  to 
the  borough  of  Indiana,  in  the  county  of  Indiana ;  and  that  here- 
after the  said  lateral  road  shall  be  subject  to  all  the  provisions  of 
the  several  acts  of  Assembly  relating  to  the  said  Pennsylvania  Rail- 
road, excepting  the  toll  on  tonnage  provided  for  in  the  twenty- 
second  section  of  the  act  of  thirteenth  of  April,  one  thousand  eight 
hundred  and  forty-six,  entitled  "An  Act  to  incorporate  the  Penn- 
sylvania Railroad  Company." 

Ajiprovcd  January  29th,  1852. 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  47 


AN  ACT 

AUTHORIZING  THE  PENNSYLVANIA  RAILROAD  COMPANY  TO  CON- 
STRUCT A  LATERAL  RAILROAD  FROM  THEIR  MAIN  ROAD  IN 
WESTMORELAND  COUNTY,  TO  UNIONTOWN,  IN  FAYETTE  COUN- 
TY, WITH  POWER  TO  EXTEND  THE  SAME  TO  GENEVA,  IN  SAID 
COUNTY. 

Section  1.  That  the  Pennsylvania  Railroad  Company  be,  and  is  Pennsylvania 

,  ,  ,        .       ,       .,,      ,  ,  .  -,.  Railrond  Com- 

hereby  authorized,  it  they  deem  it  expedient;  to  construct  a  panyauthorized 
lateral  railroad  from  some  point  on  the  Pennsylvania  Railroad,  lateral  railroad 
between  the  borough  of  Greensburg  and  the  town  of  Latrobe, 
in  Westmoreland  county,  in  a  southern  direction,  by  way  of  or  near 
Mount  Pleasant,  in  Westmoreland  county,  and  Connellsville,  in 
Fayette  county,  to  the  borough  of  Uniontown,  in  Fayette  county, 
and  fchat  hereafter  the  said  lateral  road  shall  be  subject  to  all  the 
provisions  of  the  several  acts  of  Assembly  relating  to  the  said  Penn- 
sylvania Railroad  Company,  excepting  the  toll  on  tonnage,  provided 
for  in  the  twenty-second  section  of  the  act  of  the  thirteenth  of  April, 
one  thousand  eight  hundred  and  forty-six,  entitled  "  An  Act  to 
incorporate  the  Pennsylvania  Railroad  Company." 

Section  2.  That  the  said  Pennsylvania  Railroad  Company  shall 
also  have  the  privilege,  and  they  are  hereby  authorized,  after  the 
said  lateral  road  shall  have  been  completed  and  in  operation,  to 
extend  the  said  lateral  road  from  Uniontown  to  or  near  the  town  of 
Geneva,  or  some  other  point  on  or  near  the  waters  of  the  Monon-  Extension  of 
gahela,  in  said  county  of  Fayette,  or  to  the  borough  of  Waynes-  Geneva.  t0 
burg,  in  Greene  county,  as  may  be  deemed  most  expedient  and 
advantageous  by  said  company,  subject  to  the  like  provisions  and 
restrictions  as  are  imposed  in  the  preceding  section  of  this  act,  on 
the  proposed  lateral  road  from  the  main  stem  of  the  Pennsylvania 
Railroad  to  Uniontown. 

Approved  February  28th,  1852. 


48  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


AN  ACT 

RELATING  TO  THE  DISTRICT  OF  WEST  PHILADELPHIA ;  AND  TO 
CHANGE  THE  NAME  OF  JOSEPH  PARRISH  TO  JOSEPH  AUSTIN 
PARRISH;  RELATIVE  TO  THE  COMMISSIONERS  OF  THE  DIS- 
TRICT OF  KENSINGTON ;  AND  TO  STREETS  IN  MOYAMENSING ; 
TO  CERTIFICATES  OF  LOAN  OF  THE  PENNSYLVANIA  RAILROAD 
COMPANY;  TO  THE  CHESTNUT  HILL  RAILROAD  COMPANY;  AND 
TO  NOTARIES  PUBLIC  IN  PHILADELPHIA. 

certificates  of  Section  6.  That  all  certificates  of  loan  of  the  Pennsylvania  Rail- 
vania  Railroad  road  Company  shall  be  subject  to  taxation  for  State  purposes  only, 
taxation.    "      as  is  now  provided  by  law  in  the  case  of  certificates  of  loan  received 

by  said  company  in  payment  of  subscriptions  to  its  capital  stock 

made  by  municipal  corporations. 

Approved  May  1st,  1852. 


AN  ACT 

TO  INCORPORATE  THE  MANOR  TURNPIKE  AND  PLANK  ROAD  COM- 
PANY ;  TO  INCREASE  THE  CAPITAL  STOCK  OF  THE  PENNSYL- 
VANIA RAILROAD  COMPANY. 

Pennsylvania         Section  4.  That  it  shall  be  lawful  for  the  Pennsylvania  Railroad 
panyto issue     Company,  in  addition  to  the  capital  stock  authorized  by  the  twen- 
share's0 of  stock,  tieth  section  of  an  act  incorporating  the  said  company,  passed  the 
17, 33fs4,P38.  '  thirteenth  day  of  April,  one  thousand  eight  hundred  and  forty-sis, 
its? i857,°sec.  3*  and  any  supplement  thereto,  to  issue  certificates  for  any  additional 
post,  p.  62.        gum  not  exceeding  twenty  thousand  shares,  and  to  demand  and 
receive  the  moneys  for  said  additional  shares  when  subscribed  for, 
in  like  manner  and  upon  the  same  conditions  as  to  instalments  and 
otherwise,  as  are  provided  for  in  the  ninth  section  of  the  said  origi- 
nal act :  Provided,  The  par  value  of  said  additional  capital  stock 
shall  be  fifty  dollars  per  share  as  heretofore,  and  that  the  holders 
thereof  shall  have  all  the  rights  and  immunities  which  by  law  are 
invested  in  the  subscribers  to  the  capital  stock  originally  authorized 
to  be  created. 

Approved  May  Gth,  1852. 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COM  I 'ANY.         4 'J 


AN  ACT 

AUTHORIZING  THE  COMMISSIONERS  OF  FAYETTE  COUNTY  AND 
THE  BOROUGHS  OF  UNIONTOWN  AND  CONNELLSVILLE,  IN  SAID 
COUNTY,  AND  THE  BOROUGHS  OF  MOUNT  PLEASANT  AND 
YOUNGSTOWN,  IN  WESTMORELAND  COUNTY,  TO  SUBSCRIBE  TO 
THE  CAPITAL  STOCK  OF  THE  PENNSYLVANIA  RAILROAD  COM- 
PANY 

Section  1.  That  the  borouah  of  Uniontown  and  the  boroughs  of  Certain  bor- 

he  author- 

Connellsville,  in  the  county  of  Fayette,  and  the  boroughs  of  Mount  ized  to  subscribe 

'  ■        ...  ii  stock  to  Penu- 

Pleasant  and  Youngstown,  in  Westmoreland  county,  are  hereby  syivania rail- 
authorized  and  empowered  to  subscribe  for  shares  in  the  capital 
stock  of  the  Pennsylvania  ltailroad,  to  be  applied  to  the  construc- 
tion of  the  Uniontown  branch,  not  exceeding  two  thousand  shares 
each,  and  to  borrow  money  to  pay  therefor,  and  to  make  provision 
for  the  payment  of  the  principal  and  interest  of  the  money  so  bor- 
rowed, by  the  assessment  and  collection  of  such  taxes  as  may  be 
necessary  for  that  purpose,  and  also,  as  in  other  cases  of  loans  to 
corporations ;  and  no  certificate  of  loan  or  bond  shall  be  issued  by 
said  corporations  for  a  less  sum  than  one  hundred  dollars,  and  shall 
be  transferable  as  shall  be  directed  by  said  corporations  respectively  ; 
and  the  certificates  of  loans  or  bonds  to  be  issued  by  either  of  the 
said  corporations  for  the  purpose  aforesaid,  bearing  a  rate  of  interest 
not  exceeding  six  per  centum  per  annum,  payable  half  yearly,  may 
be  received  by  said  Pennsylvania  Railroad  Company,  in  payment 
of  instalments  on  shares  subscribed  by  said  corporations,  in  such 
terms  as  shall  be  agreed  upon  between  said  company  and  said  cor- 
porations. 

Section  2.  That  the  subscription  of  stock  aforesaid   shall  be  Subscriptions, 

, .  .  .  ,  ii,  •  i         i       •  •       l'ow  directed. 

directed  by  resolution  passed  by  the  corporate  constituted  authorities 
of  said  boroughs  respectively,  and  said  corporations  may  be  repre- 
sented at  elections  and  other  meetings  of  said  railroad  company  by 
agents  duly  authorized  by  resolutions  of  the  constituted  authorities 
thereof. 

Section  3.  That  the  commissioners  of  the  county  of  Fayette,  or  Commissioners 

•      •  pi  i      •     j         j  of  Fayette  coun- 

a  maioritv   of  them,  be  and  they  are   hereby  authorized  and  em-  ty  authorized  to 

•>         J  '  /  J  subscribe  stock. 

powered  to  subscribe  for  shares  in  the  capital  stock  of  the  Pennsyl 
vania  Railroad  Company,  to  be  applied  to  the  construction  of  the 
Uniontown  branch,  not  exceeding  five  thousand  shares,  in  the  name 
and  behalf  of  said  county,  and  to  borrow  money  to  pay  therefor, 
and  to  make  provision  for  the  payment  of  the  principal  and  interest 
4 


50 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


Proviso. 


of  the  money  so  borrowed,  as  in  other  cases  of  loans  to  corpora- 
tions :  Provided,  That  before  any  such  subscription  is  made,  the 
amount  thereof  shall  be  fixed  and  determined  by  the  grand  jury  of 
said  county,  and  upon  the  report  of  such  grand  jury  being  filed,  it 
shall  be  lawful  for  the  county  commissioners  to  carry  the  same  into 
effect  by  making,  in  the  name  of  the  county,  the  subscription  so 
directed  by  said  grand  inquest :  Provided  further,  That  whenever 
bonds  of  the  county  are  given  in  payment  of  subscription,  the  same 
shall  not  be  sold  by  said  railroad  company  at  less  than  par  value, 
and  no  bonds  shall  be  in  less  amount  than  one  hundred  dollars : 
And  provided  further,  That  such  bonds  shall  not  be  subject  to 
taxation  until  the  clear  profits  of  the  road  shall  amount  to  six  per 
centum  upon  the  cost  thereof. 

Section  4.  That  the  commissioners  of  said  county,  or  a  majority 
of  them,  may  issue  certificates  of  loan  or  bonds  in  the  name  of  said 
county,  redeemable  in  not  less  than  ten  nor  more  than  twenty-five 
years,  bearing  a  rate  of  interest  not  exceeding  six  per  centum  per 
annum,  payable  semi-annually,  which  shall  be  transferable  as  may 
be  directed  by  said  commissioners,  or  a  majority  of  them,  and  the 
said  certificates  of  loan  or  bonds  may  be  received  in  payment  of 
instalments  on  shares  of  stock  subscribed  for  said  county,  upon  such 
terms  as  may  be  agreed  upon  by  said  company  and  the  commis- 
sioners aforesaid,  and  the  said  county  may  be  represented  at  elec- 
tions and  other  meetings  of  said  company,  by  agents  duly  authorized 
and  appointed  by  resolutions  of  the  board  of  commissioners  of  said 
county. 

Approved  May  1st,  1853. 


Certificates  of 
loan. 


AN  ACT 


AUTHORIZING  THE  PENNSYLVANIA  RAILROAD  COMPANY  TO  RUN 
THEIR  CARS  OVER  CONNECTING  AND  CONTINUOUS  RAILROADS. 


Section  1.  That  the  Pennsylvania  Railroad  Company  be,  and 
they  are  hereby  authorized  to  run  their  cars  and  locomotives  over  all 
connecting  and  continuous  railroads,  with  the  consent  of  the  com- 
panies owning  the  same,  and  also,  their  cars  over  the  railroads 
belonging  to  this  commonwealth,  for  the  transportation  of  freight, 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COM  FAN  V. 

[passengers,  their  baggage,  and  the  United  States  mails,*]  with  the 
right  of  attachment  to  the  motive  power  of  the  State,  employed  for 
these  respective  purposes,  upon  such  terms  and  conditions  as  may 
be  agreed  upon  between  the  canal  commissioners  and  said  Pennsyl- 
vania Railroad  Company,  or  in  case  of  failure  to  agree,  then  upon 
terms  and  conditions  that  shall  not  be  less  favorable  to  said  com- 
pany than  those  that  may  be  established  from  time  to  time,  by  the 
canal  commissioners,  for  the  government  of  individuals  doing  busi- 
ness on  said  railroads,  except  those  engaged  in  the  transportation  of 
freight  passing  the  whole  distance  between  Philadelphia  and  Pitts- 
burgh, over  the  public  works :  Provided,  That  nothing  herein  con- 
tained shall  be  so  construed  as  to  affect  or  impair  the  contract  made 
with  Bingham  and  Dock,  for  the  transportation  of  passengers  and 
mails  over  the  Philadelphia  and  Columbia  railroad  by  said  commis- 
sioners, which  contract  is  hereby  confirmed :  Provided,  That  the 
Legislature  hereby  reserves  the  right  to  repeal  this  act  of  Assem- 
bly, in  such  manner,  however,  that  no  injustice  shall  be  done  to 
the  parties  :  And  provided,  That  the  canal  commissioners  shall 
at  all  times  be  required  to  run  a  sufficient  number  of  engines 
between  Lancaster  and  Philadelphia,  to  accommodate  the  local  and 

way  freight. 

Approved  March  3d,  1853. 


AN  ACT 

TO  AUTHORIZE  THE  BOROUGH  OF  GREENSBURG  TO  SUBSCRIBE 
TO  THE  CAPITAL  STOCK  OF  THE  PENNSYLVANIA  RAILROAD 
COMPANY;  RELATIVE  TO  VACANCIES  IN  THE  BOARD  OF  DI- 
RECTORS OF  ROAD  COMPANIES  IN  ALLEGHENY  COUNTY;  TO 
BOROUGH  OFFICERS  IN  PORT  CLINTON,  SCHUYLKILL  COUNTY ; 
RELATING  TO  THE  PROTHONOTARY  OF  WESTMORELAND  COUN- 
TY ;  RELATIVE  TO  THE  MANOR  TURNPIKE  AND  PLANK  ROAD ; 
AND  REPEALING  THE  ACT  AUTHORIZING  THE  SALE  OF  THE 
WARREN  BRIDGE  ;  AND  RELATING  TO  OVERSEERS  OF  THE  POOR 
AND  SUPERVISORS  OF  THE  SEVERAL  TOWNSHIPS  IN  ALLE- 
GHENY COUNTY. 

Section  1.  That  the  burgesses  of  the  borough  of  Greensbursr,  in  Borough  of 

Gieensburg  to 

the  county  of  Westmoreland,  be  and  they  are  hereby  authorized  and  subscribe  to  the 

-.  ,  ,  i      i  ,      capital  stock  of 

empowered  to  subscribe,  not  exceeding  one  thousand  shares,  to  the  the  Pennsyi™- 

.  '  .  .  nia  Railroad  Co. 

capital  stock  of  the  Pennsylvania  Railroad  Company,  for  the  pur- 
*  Repealed  by  Act  of  May  13th,  1856.     Vide  post,  page  GO. 


52  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 

pose  of  constructing  a  branch  of  said  railroad  from  a  point  on  said 
road  at  or  near  said  borough  to  the  borough  of  Uniontown,  in 
Fayette  county ;  and  the  said  burgesses  are  hereby  further  authorized 
and  empowered  to  issue  bonds  of  the  said  borough  of  Greensburg,  to 
the  amount  subscribed  as  aforesaid,  bearing  interest  not  exceeding  six 
per  centum  per  annum,  payable  semi-annually,  the  principal  whereof 
shall  be  payable  at  a  period  not  exceeding  twenty  years,  which  said 
bonds  may  be  received  by  the  Pennsylvania  Kailroad  Company,  in 
payment  of  the  stock  subscribed  as  aforesaid,  and  not  to  be  issued 
for  sums  less  than  one  hundred  dollars,  and  assignable  only  upon 
the  book  or  books  provided  by  said  burgesses  for  that  purpose,  by 
the  holders  thereof  or  their  heirs  or  legal  representatives,  or  by 
some  person  having  a  power  of  attorney  to  make  such  assignment : 
pr0via ,.  Provided,  That  the  said  bonds  shall  not  be  issued  as  aforesaid 

until  the  taxable  inhabitants  of  said  borough  shall  first  approve  of 
the  subscription  aforesaid,  at  an  election  to  be  called  and  held  for 
that  purpose  by  the  burgesses  of  said  borough,  and  to  be  conducted 
according  to  such  rules  as  the  said  burgesses  shall  establish. 

Approved  March  19th,  1853. 


AN  ACT 


TO  INCORPORATE  THE  WOODBURY  AND  BROAD  TOP  TURNPIKE 
OR  PLANK  ROAD  COMPANY  ;  RELATIVE  TO  SALE  OF  A  SCHOOL 
HOUSE  IN  FULTON  COUNTY ;  EXTENDING  THE  PROVISIONS  OF 
THE  SECOND  SECTION  OF  THE  ACT  REGULATING  BOROUGHS  TO 
THE  BOROUGH  OF  PINE  GROVE,  SCHUYLKILL  COUNTY ;  EXTEND- 
ING THE  PROVISIONS  OF  THE  ACT  TO  ENCOURAGE  MANUFAC- 
TURING OPERATIONS  TO  THE  MANUFACTURE  OF  FLOUR  AND 
MEAL,  IN  THE  COUNTIES  OF  PHILADELPHIA  AND  BEAVER ;  TO 
THE  WILL  OF  JACOB  MOYER,  DECEASED,  OF  BEDFORD  COUNTY; 
TO  PROHIBIT  THE  KEEPING  OF  BAGATELLE  ROOMS  IN  ALLE- 
GHENY COUNTY ;  RELATIVE  TO  THE  MILL-DAM  OF  M.  M-CUL- 
LOUGH,  OF  ALLEGHENY  COUNTY;  AUTHORIZING  THE  PENN- 
SYLVANIA RAILROAD  COMPANY  TO  CONSTRUCT  A  LINE  OF 
TELEGRAPH  ALONG  THEIR  ROAD;  AND  REFUNDING  CERTAIN 
MONEY  TO  WUNDERLICH  AND  NEAD,  OF  FRANKLIN  COUNTY. 

Penna. raOrowi       Section  13.  That  the  Pennsylvania  Kailroad  Company  be  and 

company  autho-  * 

rized  to  con-      they  are  hereby  authorized  to  make  and  construct  a  line  of  tele- 

struct  a  line  of  "^ 

telegraph.  graph  wires  along  and  adjacent  to  the  line  of  their  railroad,  from 
the  city  of  Pittsburg  to  Harrisburg,  and  from  Harrisburg,  connect- 
ing with  the  former,  to  the  city  of  Philadelphia,  along  and  adjacent 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 

to  the  line  of  the  LTarrisburg  and  Lancaster,  and  Philadelphia  and 
Columbia  Railroads;  and  for  the  purpose  of  making,  erecting  and 
constructing  the  same,  the  said  company  or  their  agents  arc  hereby 
authorized  to  enter  and  go  upon  the  premises  of  any  person  or  per- 
sons, and  erect  posts,  and  use  any  tree  for  the  purpose  of  suspend- 
ing their  wires,  and  construct  the  same  :  Provided,  The  said  com-  Provto . 
pany  shall  not  erect  posts  for  the  reception  of  said  wires  more  than 
live  feet  from  the  tracks  of  said  railroads,  without  the  consent  of  the 
owner  or  owners  of  the  land  through  which  said  railroads  pass,  nor 
shall  they  cut  down  or  destroy  trees  or  other  property,  without  ten- 
dering full  compensation  therefor,  and  to  make  and  use  branches 
from  the  main  line  to  any  of  their  stations,  and  to  use  the  same  for 
telegraphic  communication,  for  themselves  and  the  use  of  the  com- 
pany, and  to  enter  at  any  time  upon  the  property  on  which  their 
said  line  is  constructed  for  general  or  special  repair  of  any  part  or 
all  of  their  said  line,  and  to  suspend  their  wires  on  any  part  of  the 
public  improvements  along  said  line  ;  and  in  case  of  damage  done 
to  any  individual,  they  may  be  sued  for  the  same  in  any  of  the 
courts  of  this  Commonwealth,  for  the  damage  actually  sustained; 
Provided,  That  the  consent  of  the  Canal  Commissioners  be  first  Pr0VIS0- 
had. 

Approved  May  11th,  1853. 


AN  ACT 

TO  AUTHORIZE  WILLIAM  C.  PATTERSON   AND  OTHERS  TO   CON- 
VEY THE  POWELTON  ESTATE  IN  WEST  PHILADELPHIA, 

Whereas,  William  C.  Patterson,  Samuel  V.  Merrick,  David  S.  gamble. 
Brown,  Thomas  T.  Lea,  Alexander  J.  Derbyshire,  Washington 
Butcher,  and  Edward  M.  Davis,  have  taken  as  purchasers  thereof 
a  conveyance  of  the  whole  estate  called  Powelton,  on  the  west  side 
of  the  Schuylkill  river,  in  the  county  of  Philadelphia,  in  order  to 
secure  what  they  deemed  only  necessary  conveniences  for  the  pro- 
per business  of  the  Pennsylvania  Railroad  Company,  in  West  Phila- 
delphia, and  the  said  company  have  no  authority  by  law  to  hold 
more  than  thirty  acres  of  said  estate,  and  the  same  being  burden- 
some to  the  said  purchasers  to  hold  as  individuals;  Therefore, 

Section  1.  Be  it  enacted,  &c,  That  authority  is  hereby  given  to  £ir<?u"  « 

'  '  J  jo  thorized  t<>  « n 

the  said  purchasers  to  convey  the  said  estate,  or  the  residue  thereof,  vey  P°weitoi> 


54  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


estate  to  trns-    being  about  sixty-two  acres,  more  or  less,  in  extent,  to  any  trustee 

!  Pa.  R.  R. 

Company.  or  trustees  who  may  be  selected  or  approved  by  the  board  of  direc- 
tors of  said  company,  in  fee  simple,  and  the  said  trustee  or  trustees 
to  whom  the  said  estate,  or  the  residue  thereof,  shall  be  conveyed, 
and  the  successor  or  successors  of  the  said  trustee  or  trustees,  duly 
appointed,  shall  have  full  power  and  authority  to  hold  the  same  for 
the  use  and  benefit  of  the  said  the  Pennsylvania  Railroad  Company, 
for  and  during  the  term  of  five  years  from  the  first  day  of  July, 

Trustees  may     one  thousand  eight  hundred  and  fifty-three,  for  the  purpose  of  sell- 

s  Ti  and  convey  ■■  .  .  , 

estate  or  apply   ing  and  conveying  the  same,  or  any  part  or  parts  thereof,  to  any 

See  Act  of  April  person  or  persons,  according  to  the  orders  of  the  said  Pennsylvania 
z>8,  and  'Act  of  '  Railroad  Company,  and  account  to  the  said  corporation  for  the  pro- 
post,  p.' 73.  '  ceeds  of  such  sale  or  sales,  and  in  the  meantime,  until  such  sale  or 
sales  shall  be  effected,  to  permit  and  suffer  such  use  and  uses  of  the 
said  estate,  or  any  part  or  parts  thereof,  as  the  said  Pennsylvania 
Railroad  Company  or  their  board  of  directors  may  order  and  direct, 
and  the  said  Pennsylvania  Railroad  Company  is  hereby  authorized 
to  indemnify  the  purchasers  aforesaid  named  in  the  preamble,  against 
any  loss  which  may  accrue  from  the  sale  of  said  remainder  of  the 
Powelton  estate. 

Approved  May  20$,  1853. 


AN  ACT 

TO  AUTHORIZE  THE  PENNSYLVANIA  RAILROAD  COMPANY  TO 
MAKE  CONNECTIONS  TO  AND  FROM  THEIR  FREIGHT  DEPOT, 
IN  THE  CITY  OF  PHILADELPHIA. 

Company  au-  Section  1.  That  the  Pennsylvania  Railroad   Company  be  and 

thorizedto  J  . 

make  tracks      they  are  hereby  authorized  to  make  such  connection  from  their 

from  their  *  . 

freight  depot  in  freight  depot,  in  the  city  of  Philadelphia,  by  laying  a  track  or  tracks 
aiongcertain      of  railway  from  said  depot  alone;  Juniper  street  to  Market  street, 

streets,  to  con-  ■'  i  o  i 

nect  with  rail-    an(j  alone;  Olive  street  to  Broad  street,  to  connect  with  the  railroad 

road  on  Market 

and  Broad  sts.  on  said  Market  and  Broad  streets  respectively,  with  such  extension 
along  the  said  Juniper  street  to  or  beyond  Kelly  street  as  may  be 
necessary  and  convenient  for  the  accommodation  of  cars  and  the 

Proviso.  transaction  of  their  business  of  transportation  :  Provided,  That  the 

consent  and  approbation  of  the  Select  and  Common  Councils  of  the 
city  of  Philadelphia  first  be  had  in  writing;  and  if  constructed,  the 
laying  of  such  track  or  tracks  shall  be  subject  to  the  control  and 
direction  of  said  Councils,  or  their  deputed  agent  or  agents. 

Approved  February  16th,  1854. 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  -w 


AN  ACT 

AUTHORIZING  THE  COUNCILS  OF  THE  CITY  OF  PITTSBURGH  TO 
OPEN  PART  OF  FERGUSON  STREET  AND  TO  CLOSE  DELL'S 
ALLEY. 

Section  1.  Be  it  enacted,  dr.,  That  any  ordinance  passed  or  to  Ordinance  of 
be  passed  by  the  Select  and  Common  Councils  of  the  city  of  Pitts-  ingconn 

,  -  -  ,  .  „        .  -  Of  F'T-U 

burgh,   tor  changing  part  or  the  course  ot  lerguson  street,  and  Pittsburgh,  ana 

-,  .  ,  -,  ii-  n  •        vacating  Bell'a 

vacating  and  opening  the  same,  and  any  such  ordinance  for  vacating  alley.  I 

i     i '    •         -r»  ii»       ii  1  n    •     i         i         ii  i  •    bursh,  confirm- 

and  closing  .Bell  s  alley,  or  any  part  thereof,  is  hereby  allowed,  rati-  ed,  ana  title  to 
fied  and  confirmed  in  such  manner  as  to  make  the  opening,  changing,  alley  so  vacated 

.  „  •  i    i        n         i        t  i  i     i        •  i  ""    confirmed  to  Pa. 

vacating  and  closing  aforesaid,  legal  and  valid,  and  the  title  to  any  k.  it.  Co. 
street  or  alley  so  vacated  is  hereby  confirmed  to  the  Pennsylvania 
Railroad  Company,  so  long  as  they  are  owners  of  the  adjoining  pro- 
perty. 

Approved  April  19th,  185-1. 


AN  ACT 

AUTHORIZING    THE   OPENING    OF    A   STREET    IN   THE    CITY   OF 
PITTSBURGH. 

"Whereas,  The  city  of  Pittsburgh  did,  by  ordinance  of  the  Coun-  preamble 
cils  of  said  city  enacted  on  the  twenty-eighth  day  of  July,  one 
thousand  eight  hundred  and  fifty-three,  among  other  things,  vacate 
and  consent  to  the  vacation  of  so  much  of  Ferguson  street,  in  the 
said  city,  as  lies  between  a  point  on  said  street  five  hundred  and 
fifty  feet  east  from  the  eastern  line  of  Lumber  street  and  Morton 
street,  and  did  give  exclusive  occupancy  and  use  thereof  to  the 
Pennsylvania  Railroad  Company :  Provided,  That  the  said  com- 
pany should,  at  its  own  cost,  cause  to  be  laid  out  and  graded  along 
the  south  line  of  the  southern  track  of  said  railroad,  and  parallel  to 
and  adjoining  therewith  a  space  or  street  of  forty  feet  in  width, 
extending  the  length  of  that  part  of  Ferguson  street  vacated  and 
connecting  therewith ; 

And  ichereas,  The  said  company  has  no  power  to  take  and  appro- 
priate the  strip  of  land  necessary  for  the  opening  of  said  space  or 
street ; 


50 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


Powers,  &c,  of 
Pa.  R.  It.  Co.  to 

.appropriate 
land  extended 
to  embrace  a 
strip  extending 
the  length  of 
that  p:irt  of  Fer- 
guson street, 
Pittsburgh,  va- 
cated  and  oon- 
iie.ting  there- 
with. 


Pr  viso. 


Section  1.  Be  it  enacted,  &c,  That  all  the  rights,  powers,  privi- 
leges and  proceedings  provided  for  by  any  existing  law  by  which 
the  Pennsylvania  Railroad  Company  may  appropriate  land  for  the 
necessary  route  of  the  road,  or  any  other  purposes  connected  there- 
with, be  and  they  are  hereby  extended  to  and  so  as  to  embrace  the 
said  space  or  street  of  forty  feet  in  width,  extending  the  length  of 
that  part  of  Ferguson  street  vacated  by  the  ordinance  of  the  city  of 
Pittsburgh  of  July  twenty-eighth,  one  thousand  eight  hundred  and 
fifty-three:  Provided,  That  compensation  be  made  to  the  owners  of 
any  property  which  may  be  taken  for  said  space  or  street,  in  the 
manner  now  provided  by  law  for  the  ascertaining  of  the  damage 
arising  from  the  taking  of  land  for  the  necessary  route  of  the  road, 
or  other  purposes  connected  therewith ;  and  in  estimating  said  ques- 
tion of  damage,  the  viewers  shall  make  a  fair  and  just  comparison 
of  the  advantages  and  disadvantages,  and  consider  and  determine 
whether  upon  the  whole  the  taking  of  the  said  land  is  or  is  not  an 
injury,  and  award  and  report  accordingly  :  Provided  also,  That 
when  the  proceedings  are  completed,  the  ground  so  to  be  taken  shall 
be  forever  a  public  highway  and  one  of  the  streets  of  the  city  of 
Pittsburgh,  like  all  other  streets  in  said  city:  Provided  further, 
That  the  viewers  appointed  in  this  case  shall  be  residents  of  the 
county  of  Allegheny  :  And  provided  further,  That  this  act  shall  not 
be  construed  to  affect  any  portion  of  said  Ferguson  street  lying  east 

of  Morton  street. 

Approved  April  Qth,  1855. 


Proviso. 


AN  ACT 

EXEMPTING  COAL  AND  LUMBER  FROM  THE  TONNAGE  TAX. 

Section  1.  That  the  several  acts  imposing  a  tax  on  tonnage  pass- 
ing over  the  Pennsylvania  Railroad,  and  the  Harrisburg,  Lancaster 
and  Mount  Joy  Ptailroad,  shall  not  hereafter  apply  to  lumber  or 
coal :  Provided,  That  said  companies  shall  made  a  permanent 
deduction  from  their  rates  of  charges  on  said  articles  below  their 
schedule  rates  for  goods  now  or  hereafter  to  be  embraced  in  the 
same  class,  equal  to  or  greater  than  said  tax:  And  provided 
further,  That  the  legislature  reserves  the  right  to  repeal  this  act  at 
any  time,  and  to  re-enact  the  several  acts  hereby  repealed. 

Approved  May  1th,  1855. 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  57 


AN  ACT 

TO  AUTHORIZE  THE  PENNSYLVANIA  RAILROAD  COMPANY  TO 
PURCHASE  AND  HOLD  CERTAIN  REAL  ESTATE  IN  THE  CITY 
OF  TITTSBURGH. 

TViiereas,  an  agreement  was  made  on  the  twenty-second  day  of  Preamble. 
February,  one  thousand  eight  hundred  and  fifty-four,  for  the  pur- 
chase by  said  company  of  a  certain  lot  of  ground  on  Liberty  street, 
in  the  city  of  Pittsburgh,  on  which  was  erected  Saint  Patrick's 
Roman  Catholic  Church,  and  part  of  which  was  used  as  a  burying 
ground  ;  and  whereas,  it  has  become  necessary  for  the  vesting  of 
an  indisputable  title  to  said  lot,  that  the  Legislature  shall  authorize 
proceedings  to  this  end,  now,  for  the  quieting  of  all  such  doubts,  and 
to  enable  the  company  to  take  and  hold  said  property: 

Section  1.  That  the  Pennsylvania  Railroad  Company  shall  have  Company  autho- 

i-iii  •  i  •  />i-i"  ii       rized  to  niijn   • 

the  right,  by  the  true  intent  and  meaning  ot  their  charter  and  the  priate,  hold  and 

.  ,  -iiii  l-i  «se  lot  of  ground 

several  supplements  thereto,  to  appropriate,  hold,  and   use  the  said  described  in pre- 

..  amble,  and  eroct 

described  lot  or  ground,  with  the  appurtenances,  and  to  erect  and  depots,  Ac, 
establish  depots  and  warehouses  thereon,  in  like  manner  and  to  the 
same  extent  as  if  the  route  of  the  road  itself,  and  so  much  of  the 
said  charter  and  supplements  thereto  as  prohibit  them  from  so 
appropriating  any  burying  ground  or  place  of  public  worship,  be 
and  the  same  is  hereby  repealed,  so  far  as  is  concerned  the  lot  of 
ground  on  Liberty  street,  in  the  city  of  Pittsburgh,  lately  used  for 
Saint  Patrick's  Roman  Catholic  Church  and  burying  ground :  Pro-  proviso. 
vided,  That  no  entry  shall  be  actually  made  on  said  ground,  until 
the  bodies  interred  therein  shall  have  been  removed  under  the  sanc- 
tion of  the  Roman  Catholic  Bishop  of  Pittsburgh:  And  pro  vided  proviso. 
further,  That  the  compensation  to  be  paid  by  said  company,  for 
said  premises,  shall  be  paid  to  the  trustee  now  in  possession  of  said 
premises,  to  be  by  him  held  and  applied,  upon  the  same  trusts  where- 
with said  premises  are  charged ;  and  upon  such  payment  to  the 
trustee  aforesaid,  the  said  railroad  company  shall  be  discharged  from 
all  liability  in  respect  to  the  application  thereof,  and  shall  hold  the 
said  premises  free  and  discharged  of  all  trusts  whatever. 

Approved  February  7lh.  1856. 


58  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


AN  ACT 

RELATING  TO  REAL  ESTATE  HELD  BY  OR  FOR  THE  PENNSYLVA- 
NIA RAILROAD  COMPANY. 

Company  au-  Section  1.    That  the  Pennsylvania  Railroad  Company  be  and 

a  certain  por-     they  are  hereby  authorized  and  empowered  to  sell  and  dispose  of 

tion  of  Powelton  .  .  .  ,.  „  . 

estate,  Phiiadei-  such  parts  and  portions  as  they  may  deem  expedient,  ot  a  certain 
feefoiTground1  tract  of  land  situate  in  the  late  District  of  "West  Philadelphia,  now- 
wise,  free  frsm  in  the  consolidated  city  of  Philadelphia,  part  of  the  Powelton  estate, 
conveyance  to  containing  thirty  acres,  more  or  less,  (which  John  Hare  Powel,  by 
hold  the  rents  indenture  dated  the  second  day  of  May,  Anno  Domini  eighteen  hun- 
ActofMay2o,  dred  and  fifty-three,  recorded  at  Philadelphia,  in  deed  book  T.  H., 
and Actof  April  number  eighty-four,  page  seventy-three,  et  cetera,  granted  unto  the 
73.    '  '  said  company  for  the  purposes  and  objects  appertaining  to  the  legiti- 

mate business  of  the  said  company,)  and  they  are  hereby  authorized 
to  sell,  grant  and  convey  the  same  unto  the  purchaser  or  purchasers 
thereof,  in  fee  simple,  upon  ground  rent  or  otherwise,  free  from  the 
purposes  and  objects  aforesaid;  and  in  case  any  such  sale  or  sales 
be  made  in  consideration  of  a  yearly  rent  or  rents  to  be  reserved  to 
the  said  company  and  to  remain  charged  upon  the  land  so  sold, 
then  the  said  company  are  hereby  authorized  to  hold  and  stand 
seised  of  such  yearly  rent  or  rents,  with  the  rights,  incidents  and 
appurtenances  thereto  belonging,  and  to  sell  and  dispose  of  the  same 
Proviso.  when  they  may  deem  it  expedient :  Provided,  That  the  said  com- 

pany shall  sell  and  dispose  of,  absolutely,  any  ground  rent  or  mort- 
gage arising  from  the  sale  of  said  property,  within  the  period  of  ten 
years  from  the  date  of  its  creation. 
Company  au-         Section  2.  That  the  Pennsylvania  Railroad  Company  aforesaid 

thorized  to  take  J  x        J 

from  Girard  Life  ^g  aU(l  they  are   hereby  authorized  and   empowered   to  take  and 

Ins.  An.  and  J  J  r , 

Trust  Co. aeon- receivc  fr0m  the  Girard  Life  Insurance,  Annuity  and  Trust  Com- 

veyance  in  fee 

of  certain  parts  pany,  of  Philadelphia,  a  conveyance  of  such  part  or  parts  as  may  be 
tate.  suitable  to  them  for  the  purposes  and  objects  of  their  incorporation, 

of  a  certain  tract  or  parcel  of  land,  also  part  of  the  Powelton  estate, 
in  West  Philadelphia,  which  William  C.  Patterson  and  wife  and 
others,  by  indenture  dated  the  twenty-first  November,  Anno  Domini 
one  thousand  eight  hundred  and  fifty-three,  recorded  in  deed  book 
T.  H.,  number  one  hundred  and  one,  page  five  hundred  and  forty- 
seven,  et  cetera,  granted  unto  the  Girard  Life  Insurance,  Annuity 
and  Trust  Company,  of  Philadelphia,  in  trust  for  certain  purposes 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  50 

therein  mentioned ;  and  the  said  land  so  to  be  conveyed  to  the  Penn- 
sylvania Railroad  Company  Bhall  be  held  by  them,  their  successors 
and  assigns,  in  fee  simple,  for  the  like  and  same  purposes  and 
objects  as  those  for  •which  they  have  heretofore  held  the  said  tract 
of  thirty  acres :  Provided,  That  the  said  land  so  to  be  conveyed,  Proviso, 
together  with  the  part  of  said  thirty  acres  to  be  retained  by  the  said 
company,  shall  not  in  the  whole  exceed  fifty  acres,  to  be  designated 
or  located  by  the  President  of  the  company  and  the  President  of  the  By'whomlocar 
Board  of  Canal  Commissioners  :  And  provided  further,  That  the  Proviso. 
Canal  Commissioners  are  hereby  authorized  to  locate  on  the  north-east 
side  of  the  Columbia  railroad,  a  piece  of  land  sixty-sis  feet  in  width 
on  the  surface,  wTith  the  necessary  slope  of  embankment,  from  the 
outside  rail  of  the  northern  main  track,  beginning  at  the  southern 
line  of  the  ground  occupied  by  the  Commonwealth  for  an  engine 
depot,  and  extending  parallel  with  said  railroad  to  the  river  Schuyl- 
kill, or  such  portion  of  said  ground  as  they  may  deem  necessary  for 
the  interest  of  the  State,  to  be  paid  for  at  a  rate  not  exceeding  the 
present  value  thereof. 

Section  3,  And  whereas  the  tract  of  land,  part  of  the  Powelton  Preamble, 
estate  in  West   Philadelphia  aforesaid,  was  conveyed  by  William 
C.  Patterson  and  wife,  and  others,  by  the  above  recited  indenture 
to  the  Girard  Life  Insurance,  Annuity  and  Trust  Company  of  Phil- 
adelphia,   their  successors  and  assigns,   in  trust  for  the  use  and 
benefit  of  the  Pennsylvania  Railroad  Company,  for  and  during  the 
term  of  five  years  from  the  first  day  of  July,  Anno  Domini  one 
thousand  eight  hundred  and  fifty-three,  for  the  purpose  of  selling 
and  conveying  the  same  agreeably  to  an  Act  of  Assembly,  number 
three  hundred  and  seventy-seven,  approved  on  the  twentieth  of  May, 
one  thousand  eight  hundred  and  fifty-three:     That  the  said  term  of  Limitation  of 
five  years,  limited  by  the  above  mentioned  Act  of  Assembly,  be  landextended 
and  the  same  is  hereby  extended  to  the  term  of  seven  years  from  from  July  1, 
the  said  first  day  of  July,  one  thousand  eight  hundred  and  fifty- 
three  ;  and  that  the  said  the  Girard  Life  Insurance,  Annuity  and  Trust  Power  t0  Girard 
Company  of  Philadelphia,  and  their  successors,  shall  have  full  power  aneeTnj^riu't 
and  authority  to  hold  the  said  land  for  the  use  and  benefit  of  the  £X£ 
said  Pennsylvania  Railroad    Company,  for  and  during  the  term  of 
seven  years  from  the  first  day  of  July,  one  thousand  eight  hundred 
and  fifty-three,  for  the  purpose  of  selling  and  conveying  the  same  or 
any  part  thereof  to  any  person  or  persons  in  fee  simple  upon  ground 
rent  or  otherwise,  according  to  the  orders  of  the  said  Railroad  Com- 
pany, and  in  the  way  and  manner  directed  by  the  Act  of  Assembly 
aforesaid,  and  set  forth  in  the  said  last  recited  indenture. 

Approved  April  22c?,  1856. 


60  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 

A  FURTHER  SUPPLEMENT 

TO  THE  ACT  CONSOLIDATING  THE  CITY  OF  PHILADELPHIA. 

Chief  Engineer      Section  18.  That  the  Chief  Engineer  and  Surveyor  of  the  City  of 

and  Surveyor  of  °  ^  ^ 

Philadelphia      Philadelphia  be  and  he  is  hereby  authorized  and  directed  to  revise 

authorized  and  *  J 

directed  to         and  change  the  trades  of  the  streets  laid  out  in  the  Twenty-fourth 

change  grades  °  °  J 

of  certain  sts.  in  "Ward  of  said  city,  north  of  Market  street,  the  Lancaster  Turnpike 

said  city.  ■"  r 

and  south  of  Bridge  street,  and  east  of  late  Sixth,  now  Thirty-fifth 
Revised  survey  street,  so  as  to  conform,  in  as  great  a  degree  as  he  shall  deem  ad- 
by  Board  of  visable,  to  the  natural  grade  or  surface  of  the  ground;  the  said 
approved  by  revised  survey  shall  be  confirmed  by  the  Board  of  Survey,  and  be 
Sessions.  '  approved  by  the  Court  of  Quarter  Sessions  in  the  manner  now  pro- 
rroviso.  yided  by  law  :    Provided,  That  no  alteration  shall  be  made  in  the 

grades  of  Market  street,  Lancaster  Turnpike,  Bridge  street,  and 
Sixth  street,  now  Twenty-fourth  street  as  aforesaid ;  and  the  Com- 
missioners for  the  survey  of  the  plan  of  Blockley,  shall  proceed  to 
cause  the  same  to  be  completed  and  approved  by  the  court,  in  man- 
ner provided  by  law  before  said  township  was  embraced  in  the  city 
of  Philadelphia. 

Approved  May  IZth,  1856. 


AN  ACT 


TO  PROVIDE  FOR  THE  ORDINARY  EXPENSES  OF  GOVERNMENT, 
THE  REPAIRS  OF  THE  PUBLIC  CANALS  AND  RAILROADS,  AND 
OTHER  GENERAL  AND  SPECIAL  APPROPRIATIONS. 

Repeal  of  Act  of      Section  41.  That  so  much  of  the  act  entitled  "An  act  authoriz- 

3d  March,  1853,    .,,-,-.  ,         .     t»    .,         ,   ~  i     ■ 

(ante,  p.  51.)  ing  the  Pennsylvania  luulroad  Company  to  run  their  cars  over  con- 
necting and  continuous  railroads,"  approved  the  third  day  of  March, 
one  thousand  eight  hundred  and  fifty-three,  as  relates  to  carrying 
Canal  Commis-  passengers  and  baggage  and  mails  on  the  Philadelphia  and  Columbia 
i/,edeto  contract  railroad,  be  and  the  same  is  hereby  repealed ;  and  the  canal  com- 
sengers,  &c,  missioners  are  hereby  authorized  to  contract  with  responsible  per- 
raiiroad.  sons,  or  companies  incorporated  by  any  law  of  this  commonwealth, 

for  carrying  passengers,  their  baggage,  and  United  States  mails,  on 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  01 


the  Philadelphia  and  Columbia  railroad,  for  a  period  not  exceeding 

five  years  from  and  after  the  expiration  of  the  contract  now  existing 

between  the  canal  commissioners  and  Bingham  &  Dock,  on  such 

terms  and  conditions  as  will  best  promote  the  interest  of  the  com-  Proviso-^Cityof 

monwcalth :  Provided,  That  from  and  after  the  first  day  of  May,, 

next  it  shall  not  be  lawful  for  the  city  of  Philadelphia  to  charge  on  city  i 

and  collect  tolls  on  the  city  railroad  for  any  greater  distance  than  tancethanactu- 

that  actually  used,  including  the  bridge  over  the  Schuylkill  river,  eluding  Market 

at  Market  street.  '"'i,ige- 


Approved  May  loth,  1S5G. 


AN  ACT 

RELATING  TO  THE  PENNSYLVANIA  RAILROAD  COMPANY. 

Section  1.  That  the  several  provisions  of  the  act  to  incorporate  charter  extemi- 
the  Pennsylvania  Kailroad  Company,  approved  the  thirteenth  day  (See  ante)  p?a!j 
of  April,  one  thousand  eight  hundred  and  forty-six,  and  the  supple- 
ments thereto,  be  and  the  same  are  hereby  extended  for  the  term  of 
ten  years  from  the  passage  of  this  act;  and  all  acts  and  things  done 
by  said  company,  or  its  agents,  since  the  thirteenth  day  of  April, 
one  thousand  eight  hundred  and  fifty-six,  are  hereby  ratified  and 
confirmed,  with  the  same  force  and  effect  as  if  the  limitation  in  the 
twenty-fifth  section  of  said  original  act  of  incorporation  had  never 
been  imposed. 

Approved  April  IQtJi,  1857. 


AN  ACT 

FOR  THE  SALE  OF  THE  MAIN  LINE  OF  THE  PUBLIC  WORKS. 

Section  1.  That  it  shall  be  the  duty  of  the  governor,  within  ten  Notice  tab* 
days  after  approving  this  act,  to  cause  to  be  advertised  daily  until  f'v™^ 
the  day  of  sale,  in  one  or  more  newspapers  of  extensive  circulation,  SwterfSun 
published  in  the  cities  of  Philadelphia,  Pittsburgh,  Washington, 
Boston,  New  York,  and  in  the  borough  of  Harrisburg,  a  notice 


line. 


62  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 

that  the  main  line  of  the  public  'works  will  be  exposed  to  public  sale, 
at  the  Merchants'  Exchange,  or  some  other  public  place  in  the  city 
of  Philadelphia,  on  a  day  to  be  selected  by  him,  not  more  than  forty 
days  after  the  passage  of  this  act ;  if  a  sale  shall  not  be  effected  on 
the  day  fixed  by  the  governor,  it  shall  be  lawful  for  him  to  adjourn 
Proviso.  the  sale  from  time  to  time  as  he  may  deem  expedient :  Provided, 

That  public  notice  of  such  adjournment  shall  be  given  in  such  news- 
Proviso,  papers  as  he  may  select :  And  provided  further,  That  the  last  day 
fixed  by  adjournment  for  said  sale  shall  not  be  less  than  twenty  days 
before  the  meeting  of  the  next  Legislature. 
Main  liue  to  be      Section  2.  That  at  the  time  and  place  so  selected,  it  shall  be  the 

offered.  ,  .  . 

duty  of  the  governor  to  have  offered  at  public  sale  the  whole  main 
line  of  the  public  works,  to  wit :  the  Philadelphia  and  Columbia 
railroad;  the  canal  from  Columbia  to  the  Junction  at  Duncan's 
Island;  the  Juniata  canal  from  thence  to  Hollidaysburgh ;  the 
Allegheny  Portage  railroad,  including  the  new  road  to  avoid  the 
inclined  planes,  and  the  canal  from  Johnstown  to  Pittsburgh,  with 
all  the  property  thereto  appertaining,  or  in  anywise  connected 
therewith. 

who  may  pur-  Section  8.  That  it  shall  be  lawful  for  any  person  or  persons,  or 
railroad  or  canal  company  now  incorporated,  or  which  may  here- 
after be  incorporated  by  and  under  the  laws  of  this  Commonwealth, 
to  become  the  purchasers  of  the  said  main  line  of  the  public  works, 

Minimum  price,  for  any  sum  not  less  than  seven  and  a  half  millions  of  dollars ;  and 
in  the  event  of  a  sale  of  the  said  main  line  being  made  to  individuals,  ' 
it  shall  be  lawful  for  such   individuals  so  purchasing,  after  the  said 

Purchasers  may  public  sale,  to  assign  and  transfer  their  right  to  the  said  main  line 
under  saifl  purchase,  to  any  railroad  or  canal  company  created  by  the 
laws  of  this  Commonwealth  ;  and  such  railroad  or  canal  company,  on 
compliance  with  the  conditions  of  the  said  sale,  and  on  the  payment 
or  securing  of  the  purchase  money  of  the  said  main  line  to  the  Com- 
monwealth, as  hereinafter  provided,  shall  be  fully  invested  with  the 
right  of  the  said  purchasers,  and  be  entitled  to  the  same  rights  and 
privileges  as  if  the  said  main  line  had  been  struck  off  and  sold  to 
said  company  at  the  time  of  said  public  sale,  and  if  necessary,  said 

Company  pur-    company  may  increase  their  capital  stock  or  borrow  money  and  issue 

chasing  may  in-  .  .  .  , 

crease  their       their  bonds  to  any  amount  not  exceeding  fifty  per  centum  above  the 

capital  or  bor-  iiii  •    ±*  »  •     j- 

row  money.       amount  of  the  purchase  money;  and  should  any  association  ot  indi- 
viduals become  the  purchasers  of  the  said  main  line   on  the  terms 
prescribed  by  this  act,  the  governor  is  hereby  authorized  to  grant 
Letters  patent,   them  letters  patent  incorporating  the  same   into  a  body  corporate, 
style.  in  deed  and  in  law,  under  the  name,  style  and  title  of  the  Philadcl- 


ACTS  OP  ASSEMBLY  AFFECTING  THE  COMPANY.  63 

pbia  and  Pittsburg  Railroad  and  Canal  Company,  with  nil  the  privi- 
leges, and  subject  to  all  the  restrictions,  of  an  act  regulating  railroad  Sui  j<:ct  to 
companies,  approved  the  nineteenth  day  of  February,  one  thousand 
eight  hundred  and  forty-nine,  and  the  supplements  thereto,  so  far  as 
is  consistent  with  the  provisions  of  this  act :   Provided,  That  no  bid  Proviso, 
shall  be  accepted  unless  the  bidder,  or   the  company  to  whom  he 
shall  assign  his  said  bid,  shall,  on  the  day  of  the  sale,  have  deposited  in 
the  hands  of  the  governor,  or  some  person  duly  authorized  by  him  to 
receive  it,  the  sum  of  one  hundred  thousand  dollars  in  cash  or  State  $100,000  to  be 
bonds,  which  shall  be  forfeited  to  the  use  of  the  Commonwealth  if  ofsaiej 
the  terms  of  sale  are  not  complied  with  ;  and  if  the  party  to  whom  tionofsaieuot 
the  same  shall  be  struck  down  shall  not  comply  with  the  said  condi- mp  e 
tions,  by  the  payment  of  one  hundred  thousand  dollars  as  aforesaid, 
then  it  shall  be  the  duty  of  the  governor,  if  deemed  proper  by  him, 
to  tender  the  same  to  the  next  highest  bidder  who  shall  comply  with 
the  said  conditions  :  Provided,  That  said  next  bid  is  not  less  than  Proviso, 
seven  millions  five  hundred  thousand  dollars,  or  again  expose  the  said 
main  line  to  sale,  as  provided  for  by  the  first  section  of  this  act :   And 
provided  further,  That  if  the  Pennsylvania  Railroad  Company  shall  Purchase 'by 

1  1  1  •  ■      t  -i  1  •  Pennsylvania 

become  the  purchasers  of  said  main  line  at  said  public  sale,  or  by  assign-  Railroad  Com- 

pany  regulated. 
ment,  as  aforesaid,  they  shall  pay,  in  addition  to  the  purchase  money 

at  which  it  may  be  struck  down,  and  which  shall  not  be  less  than  the 
sum  of  seven  and  a  half  millions  of  dollars,  the  sum  of  one  and  half 
millions  of  dollars,  the  whole  amount  of  sale  to  be  paid  in  the  bonds  of 
the  company,  bearing  interest  at  the  rate  of  five  per  centum  per  an- 
num, payable  semi-annually  on  the  thirty-first  day  of  January  and  J  uly 
of  each  year,  and  which  bonds,  without  further  record,  shall  remain 
a  lien  upon  the  said  main  line ;  one  hundred  thousand  dollars  of 
which  said  bonds  shall  fall  due  on  the  thirty-first  day  of  July,  one 
thousand  eight  hundred  and  fifty-eight,  and  one  hundred  thousand 
dollars  thereof  annually  thereafter  until  the  thirty -first  day  of  July, 
one  thousand  eight  hundred  and  ninety,  when  one  million  of  the 
residue  shall  fall  due,  and  one  million  annually  thereafter  until  the 
whole  is  paid ;  and  upon  the  execution  and  delivery  of  said  bonds  when  tonna.re 
to  the  Treasurer  of  the  State,  the  Pennsylvania  Railroad  Company,  tax  t0  cease- 
and  the  Harrisburg,  Portsmouth,  Mount  Joy  and  Lancaster  Railroad 
Company,  shall,  in  consideration  thereof,  be  discharged  by  the  Com- 
monwealth forever  from  the  payment  of  all  taxes  upon  tonnage  or 
freight  carried  over  said  railroads  ;  and  the  said  Pennsylvania  Rail-  Liability  for 
road  Company  shall  also  be  released  from  the  payment  of  all  other  state  taxes! 
taxes  or  duties  on  its  capital  stock,  bonds,  dividends  or  property, 
except  for  school,  city,  county,  borough  or  township  purposes;  and 


64  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


May  purchase  or  t^  ft  sball  be  lawful  for  the  purchasers,  or  their  assigns,  either  to  pur- 
burg  and  Lan-  chase  or  lease,  hold  and  use  the  railroad  of  the  Harrisburs,  Ports- 
caster  Kailroad.  '  °' 

mouth,   Mount    Joy    and    Lancaster    Railroad  Company,   and    to 

straighten  and  improve  the  said  Philadelphia  and  Columbia  Railroad, 

and  to  extend  the  same  to  the  Delaware  river,  in  the  city  of  Phila- 

May  enlarge  and  delphia  :  and  it  shall  be  further  lawful  for  them   to  alter,  enlarge, 

repair  works.  c         '  ° 

and  deepen  the  canal  portion  of  said  main  line,  and  to  make  such 
additional  locks  and  dams,  and  to  make,  in  whole  or  in  part,  a  slack- 
water  navigation  as  may  be  deemed  expedient ;  and  in  the  event  of 
a  sale  or  lease  as  aforesaid  by  the  Harrisburg,  Portsmouth,  Mount 
Joy  and  Lancaster  Railroad  Company,  the  said  company  shall  have 
the  power  to  sell  or  lease,  and  the  said  purchasers,  or  their  assigns,  to 
buy  or  take  on  lease  said  road,  and  to  make  and  receive  respectively 
all  such  contracts,  deeds  or  assurances,  as  may  be  requisite  to  carry 

Proviso.  the  same  into  effect :  Provided,  That  the  right  of  the  Commonwealth 

to  enter  upon,  resume  and  purchase  the  road  of  the  Pennsylvania 
Railroad  Company,  as  provided  in  their  charter,  shall  thereafter 

Proviso.  cease  and  determine  :  And  provided  further,  That  in  case  of  the 

refusal  of  any  stockholder  or  stockholders  of  said  company  to  comply 
with  the  provisions  of  this  act,  after  the  same  may  have  been  accepted 
by  a  majority  of  the  stockholders  of  the  company,  it  shall  be  lawful 
for  said  company  to  pay  the  stockholder  or  stockholders  so  refusing, 
the  full  market  value  of  his,  her,  or  their  share  or  shares  of  stock, 
and  such  share  or  shares  shall  inure  to  the  benefit  of  the  company, 
to  be  disposed  of  by  the  directors  for  the  benefit  of  the  balance  of 
the  stockholders. 

Section  4.  That  if  the  said  main  line  of  public  works  shall  be 
sold  to  other  parties  than  the  Pennsylvania  Railroad  Company,  the 

Credit  to  pur-  purchaser  or  purchasers  shall  be  entitled  to  a  like  credit  upon  the 
amount  of  said  purchase  money,  and  for  the  performance  of  the 
conditions  of  said  sale,  in  behalf  of  the  purchaser,  and  for  the 
security  of  the  purchase  money  to  the  commonwealth,  the  said  pur- 

PurchaBe money  chase  money  until  paid,  shall  remain  a  lien  on  said  works;  and  the 
individuals  or  company  purchasing  as  aforesaid,  shall,  within  sixty 

How  to  be  paid.  days  after  sa^  sa^c>  giye  a  mortgage  on  the  said  main  line  of  the 
public  works,  and  bonds  for  the  amount  of  the  purchase  money, 
and  in  addition  thereto,  shall  deliver,  within  ten  days  after  said 
sale,  to  the  Governor,  for  the  use  of  the  Commonwealth,  bonds  of 
the  State  of  Pennsylvania,  or  of  the  City  of  Philadelphia,  to  the 
amount  of  one  hundred  thousand  dollars,  and  within  sixty  days  the 
additional  amount  of  one  million  nine  hundred  thousand  dollars,  or 
in  lieu  thereof,  a  like  amount  of  first  mortgage  bonds  of  the  Penn- 


ACTS  OF  ASSEMBLY  APFECTING  THE  COMPANY.  Co 

sylvania  Railroad  Company,  and  payment  of  the  principal  of  such 
purchase  money  shall  be  made  in  certificates  of  loan   of  the  Com- 
monwealth of  Pennsylvania,  at  par  or  in  cash,  and  of  the  interest  interest,  how 
in  cash  semi-annually  on  the  thirty-first  days  of  July  and  January 
in  each  and  every  year  upon  any  balance  remaining  due. 

Section  5.  That  immediately  after  the  said  purchaser  or  pur- 
chasers, or  their  assigns,  shall  take  possession  of  the  same,  the  said 
purchaser  or  purchasers,  or  assigns,  shall  be  bound  ever  thereafter, 
to  keep  up  in  good  repair  and  operating  condition,  the  line  of  said  works  to  be 
railroad  and  canal  extending  from  Hollidaysburg  to  Philadelphia  pair, 
and  so  much  of  the  western  division  as  lies  between  Blairsville  and 
Pittsburgh,  until  the  North-Western  Railroad  shall  be  open  for  busi- 
ness from  Blairsville  to  the  Allegheny  River;  with  the  necessary 
toll-houses,  water-stations,  locks,  buildings  and  other  appurte- 
nances; and  the  said  railroad  and  canal  shall  be  and  remain  for- 
ever a  public  highway,  and  the  said  purchaser  or  purchasers  of  the 
same  shall  furnish  stationary  and  locomotive  engines  and  motive 
power,  for  the  use  of  all  persons  or  companies  engaged  or  wishing  to  And  all  parties 

.  „  .  entitled  to  their 

engage  in  the  transportation  01  tonnage  and  passengers,  at  such  times  uses. 

and  in  such  manner  as  not  to  impair  the  use  and  enjoyment  of  said 
railroads  by  such  parties,  they  paying  just  and  fair  charges,  which  Toils, 
shall  not  exceed  the  rates  of  toll  on  the  railroad  prescribed  in  the 
charter  of  the  Pennsylvania  Railroad ;  and  the  rates  of  toll  charged 
upon  the  canal  shall  not  be  more  than  eighty  per  centum  of  those 
prescribed  in  the  charter  of  the  Union  Canal  Company,  it  being  the 
true  intent  and  meaning  of  this  act,  that  the  said  sections  of  canal 
and  railroad  and  every  part  thereof,  except  as  is  hereinbefore  pro- 
vided, shall  be  and  remain  a  public  highway,  and  kept  open  and  in 
repair  by  the  purchaser  or  purchasers  thereof,  or  assigns  as  such, 
for  the  use  and  enjoyment  of  all  parties  desiring  to  use  and  enjoy 
the  same  :  Provided,  That  said  purchasers  be  authorized  to  grant,  Proviso,  That 

sell  and  convey,  or  to  lease  for  a  term   of  years,  upon  such  condi-  sen  or  lease  any 
..  ,  t  „      .  ,  ,  ,  part  of  canals. 

tions  as  may  be  agreed  upon,  any  part  or  portion  of  said  canals,  and 

any  corporation  or  association  of  individuals  authorized  by  this  act 
to  purchase  the  whole,  may  purchase  or  lease  such  portions  and 
hold  the  same,  subject  to  the  conditions  and  entitled  to  all  the  privi- 
leges contained  in  this  act :  Provided,  That  if  the  said  purchaser  or  Proviso. 
purchasers  or  their  assigns  shall  decide  to  abandon  the  western 
division,  or  any  part  thereof,  then  they  shall  be  required  to  lease  the 
same  to  any  party  or  parties  who  may  desire  to  keep  it  open,  the 
expense  of  keeping  up  the  same  devolving  entirely  upon  the  lessees, 
and  the  purchasers  or  their  assigns  being  forever  exempt  from  any 
5 


66 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


Proviso. 

Abandonment 

regulated. 


Purchases  to  be 
made  from 
transporters. 


Bonds  may  be 
paid  before 
maturity. 


liability  for  keeping  in  navigable  condition  said  western  division  : 
Provided  further,  That  if  the  said  purchaser  or  purchasers,  or  their 
assigns,  shall  decide  to  abandon  the  Western  division  or  any-part 
thereof,  the  said  purchaser  or  purchasers,  or  their  assigns,  shall 
•within  not  less  than  sixty  days  before  such  abandonment,  purchase 
from  the  owner  or  owners,  all  the  boats  then  in  boating  order  on 
the  said  western  division,  and  all  the  cars  and  trucks  then  in  run- 
ning order  on  the  Allegheny  Portage  Railroad,  at  a  fair  price  and 
valuation,  to  be  agreed  upon  by  the  parties ;  and  whenever  the  said 
purchaser  or  purchasers,  or  their  assigns,  and  any  of  the  said  owners 
cannot  agree  upon  the  price  and  value  of  any  of  the  said  boats,  cars 
or  trucks,  the  parties  so  failing  to  agree,  shall  each  select  one  com- 
petent person,  and  they  shall  jointly  select  a  third  person,  or  failing 
to  agree  in  the  choice  of  such  third  person,  the  two  chosen  as  afore- 
said shall  select  a  third  person,  and  the  three  persons  so  chosen 
shall  value  and  appraise  the  property,  the  price  whereof  could  not 
be  agreed  upon  as  aforesaid,  and  their  award  shall  be  binding  upon 
the  parties. 

Section  6.  That  the  said  purchasers  may  at  any  time  before  the 
maturity  of  said  bonds,  and  after  giving  to  the  commissioners  of  the 
sinking  fund  at  least  ninety  days'  notice  of  their  intention  so  to  do, 
pay  off  and  satisfy  the  principal  of  said  bonds  or  of  anyone  or  more 
of  them  with  interest  until  so  paid,  at  the  prescribed  rate,  and  shall 
then  be  entitled  to  receive  back  or  be  relieved  from  a  proportionate 
amount  of  additional  security  hereinbefore  provided  for;  and  if  at 
any  time  any  one  or  more  of  said  bonds  or  the  interest  due  on  the 
same,  be  and  remain  unpaid  for  the  space  of  ninety  days  from  and 
after  the  maturity  thereof,  and  the  falliDg  due  of  such  interest,  then 
and  in  that  case  the  Commonwealth  shall  have  full  power  tore-enter 
upon  and  take  possession  of  the  property  so  transferred ;  and  if  the 
Legislature  shall  not  be  in  session  at  the  time  of  such  default,  the 
Governor  shall  have  full  power  to  appoint  one  or  more  persons  to 
take  possession  thereof  in  the  name  of  the  Commonwealth,  and  all 
payments  made,  and  the  certificates  of  State  loans  as  aforesaid  de- 
posited with  the  State  Treasurer,  shall  upon  re-entry  as  aforesaid, 
be  forfeited  to  the  Commonwealth,  and  the  governor  shall  sue 
out  the  mortgage,  if  any  be  taken,  against  any  other  works  of  the 
purchasing  company,  by  scire  facias  in  the  Supreme  Court  where- 
ever  sitting,  under  which  all  the  mortgaged  works  shall  be  sold, 
with  the  rights  and  franchises  of  the  company,  and  conveyed  to  the 
purchasers  by  the  Treasurer  of  the  Commonwealth,  without  charge 


Penalty  for  non- 
payment when 
due. 


Sale  of  works  by 
State  for  non- 
payment of  pur- 
chase money. 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  67 

for  poundage,  subject  to  any  liens  thereon  at   the  time  when  mort- 
gaged, which  shall  remain  unaffected  thereby. 

Section  7.  That  as  soon  as  tbe  purchasers  shall  have  made  the  Je^tobem»d« 

*  by  N'i[vtar\  01 

payments  and  delivered  the  bonds  in  number,  and  for  amounts  equal  Commonwealth, 
to  and  falling  due  at  the  time  provided  for  the  payment  of  the  re- 
spective instalments,  and  shall  have  fully  complied  with  the  condi- 
tions of  this  act,  then  the  Secretary  of  the  Commonwealth  shall 
transfer,  under  the  great  seal  of  the  State,  to  such  purchasers,  their 
successors  or  assigns,  upon  such  terms  and  conditions  as  are  men- 
tioned in  this  act,  the  whole  main  line  of  public  works  between 
Philadelphia  and  Pittsburgh,  consisting  of  the  Philadelphia  and  Co- 
lumbia Railroad,  the  Allegheny  Portage  Railroad,  including  the 
new  road  to  avoid  the  inclined  planes,  with  the  necessary  and  conve- 
nient width  for  the  proper  use  of  said  railroads,  the  Eastern  Division 
of  the  Pennsylvania  Canal  from  Columbia  to  the  Junction,  the 
Juniata  Division  of  the  Pennsylvania  Canal  from  the  Junction  to 
the  eastern  terminus  of  the  Allegheny  Portage  Railroad,  and  the 
Western  Division  of  the  Pennsylvania  Canal  from  the  western 
terminus  of  the  Allegheny  Portage  Railroad  to  Pittsburgh ;  and  in- 
cluding also  the  right,  title  and  interest  of  the  Commonwealth  in 
the  bridge  over  the  Susquehanna  at  Duncan's  Island,  together 
with  the  same  interest  in  the  surplus  water  power  of  said  canals, 
with  the  right  to  purchase  and  hold  such  lands  as  may  be  necessary 
to  make  the  same  available,  and  all  the  reservoirs,  machinery,  loco- 
motives, cars,  trucks,  stationary  engines,  workshops,  tools,  water 
stations,  toll  houses,  offices,  stock  and  materials  whatsoever  and 
wheresoever  thereunto  belonging  or  held  for  the  use  of  the  same, 
and  together  with  all  the  right,  title,  interest,  claim  and  demands  of 
the  Commonwealth  of  Pennsylvania  to  all  property,  real,  personal 
and  mixed,  belonging  to  or  used  in  connection  with  the  same  by  the 
Commonwealth  :  Provided,  That  the  purchasers  of  said  main  line  Proviso, 
shall  take  the  same  and  its  appurtenances,  subject  to  all  contracts  subject  to  all 
and  arrangements  heretofore  made  by  act  of  Assembly  or  otherwise,  upstate!™  * 
for  and  in  respect  to  the  use  of  such  works,  and  shall  carry  out  the 
same  with  all  persons  interested  therein,  in  the  same  manner  as  the 
Commonwealth  or  its  agents  are  now  required  to  do  by  law. 

Section  8.  That  as  soon  as  the  purchasers  shall  have  given  notice  Governor  to  give 

i  /•!•!•  •/>•!!        notice. 

to  the  governor  of  their  readiness  to  take  possession  of  said  works, 

he  shall   cause  notice  thereof  to  be   given  to  all  superintendents, 

toll  collectors,  officers,  and  agents  of  the  Commonwealth,  employed 

on  or  about  said  railroads  and  canals,  who  shall  continue  neverthe-  Collectors,  Ac, 

less  to  discharge  the  duties  of  their  said  offices  or  employments,  (at  act. 


G8 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


Bonds  extended. 


Purchasers  may 
enter  on  lauds, 
&c. 


Proviso. 
Compensation. 


Powers  of 
purchasers. 


Proviso. 
Tolls. 


Proviso. 


the  expense  of  the  purchasers  of  said  main  line,)  until  removed  or 
re-appointed ;  and  the  official  bonds  of  said  officers  or  agents  shall 
inure  to  the  use  of  said  purchasers,  as  to  all  moneys  received  or 
acts  done  by  them  on  account  of  said  works,  subsequent  to  the  time 
■when  said  purchasers  shall  take  possession  as  aforesaid. 

Section  9.  That  it  shall  be  lawful  for  said  purchasers,  their  suc- 
cessors and  assigns,  and  their  officers,  engineers,  contractors  and 
agents,  to  enter  upon  any  lands  adjoining  or  in  the  neighborhood 
of  the  works,  and  dig,  take  and  carry  away  therefrom,  any  mate- 
rials necessary  for  the  enlarging,  making,  altering,  deepening  or 
improving  said  works,  or  any  portion  thereof,  or  for  construct- 
ing any  railroad,  canal,  bridge,  viaduct,  dam  or  other  mechanical 
structure  which  may  be  required  for  the  said  works,  or  for  making 
a  slackwater  navigation,  or  for  improving  any  works  already  made  : 
Provided,  That  compensation  shall  be  made  or  secured  to  the  owner 
or  owners  of  any  such  lands  or  materials  as  shall  be  agreed  upon 
between  the  parties;  or  if  the  said  purchasers  cannot  agree  with 
the  owner  or  owners  of  such  lands  or  materials,  then  the  value  of 
the  same  shall  be  ascertained,  according  to  the  provisions  of  the 
fourth  section  of  the  act  entitled  "  A  further  supplement  to  an  act 
to  incorporate  the  Pennsylvania  Railroad  Company,"  approved  the 
twenty-seventh  of  March,  one  thousand  eight  hundred  and  forty- 
eight. 

Section  10.  That  said  purchasers,  their  successors  and  assigns, 
shall  have  power  and  authority  to  own  and  employ  locomotive  en- 
gines, cars,  boats  and  horses,  and  to  convey  passengers,  and  freight 
of  whatsoever  description,  within  reasonable  time  after  possession  is 
taken  of  said  works,  or  any  portion  thereof,  and  charge  and  receive 
tolls  and  fare  for  the  passage  and  transportation  of  persons  and 
freight ;  and  baid  purchasers,  their  successors  and  assigns,  shall 
have  exclusive  right  to  furnish  all  the  motive  power  on  said  rail- 
roads :  Provided,  That  all  persons  with  cars,  horses,  boats  and 
freight  may  pass  over  said  works,  they  paying  tolls  therefor ;  and 
the  use  of  said  works  shall  be  governed  by  such  general  rules  and 
regulations  as  said  purchasers  may  from  time  to  time  ordain,  estab- 
lish and  publish,  but  no  person  shall,  without  the  consent  of  such 
purchasers,  be  permitted  to  use  horses,  or  other  animal  power  on  said 
railroads,  or  steam  on  said  canals:  And  provided,  That  no  discrimi- 
nation in  tolls  or  charges,  or  in  priority  in  passage  through  the  locks, 
shall  ever  be  made  against  any  boats  or  tonnage  passing  to  and  from 
the  Susquehanna  division  of  the  Pennsylvania  Canal :  Provided 
also,  That  the  rate  of  toll  on  freight  or  tonnage  passing  over  the 


ACTS  OF  ASSEMBLY  AFFECTING  TIIE  COMPANY.  69 


said  canal  from  the  junction  to  Columbia,  coming  from  the  north, 
and  "West  Branch  and  Susquehanna  canals,  shall  not  at  any  time 
be  greater  than  the  toll  now  charged  on  the  said  canals,  as  per  toll 
sheet  heretofore  published  by  the  canal  commissioners  for  the  year 
one  thousand  eight  hundred  and  fifty-seven  :  And  provided  further,  Proriro. 

~,  ,  ,  „   .,  .,  ,.  ...  ..  .  Canal  to  be  kept 

lhat  the  purchasers  01  the  said  main  line  shall  at  all  times  keep  open. 
open  the  present  connection  at  Columbia  and  Middletown  with  the 
Susquehanna  and  Tide  Water  and  Union  canals,  and  shall  at  no 
time  discriminate  against  the  trade  or  tonnage  pas-ing  to  or  from 
the  said  canals;  neither  shall  they  at  any  time  charge  more  for 
boats  or  other  crafts  passing  the  outlet  locks  at  Columbia  and  Mid- 
dletown, than  is  now  charged  for  the  passage  of  boats  or  similar 
craft  through  other  outlet  locks  owned  by  this  Commonwealth. 

Section  11.  That  should  any  company  already  incorporated  by  Privileges  of 

J  x  "    purchaser-;  be- 

this  Commonwealth  become  the  purchaser  of  said  main  line,  they  ingaeompany 

incorporated  by 

shall  possess,  hold  and  use  the  same  under  the  provisions  of  their  act  this  Common- 

.  .  .  .  wealth. 

of  incorporation,  and  any  supplements  thereto,  modified,  however, 
so  as  to  embrace  all  the  privileges,  restrictions  and  conditions  granted 
by  this  act  in  addition  thereto;  and  all  provisions  in  said  original 
act,  and  any  supplements  inconsistent  with  the  privileges  herein 
granted  shall  be  and  the  same  are  hereby  repealed. 

Section  12.  That  the  entire  proceeds  of  the  sale  of  said  main  Proceeds  of  sale 

to  he  paid  into 

line  shall  be  paid  to  the  sinking  fund,  and  applied  to  the  payment  sinking  fund, 
of  the  State  debt,  according  to  the  provisions  of  the  act  entitled  "An 
Act  to  provide  for  a  sinking  fund,  and  to  provide  for  the  gradual 
and  certain  extinguishment  of  the  debt  of  the  Commonwealth," 
approved  April  tenth,  one  thousand  eight  hundred  and  forty-nine." 

Section  13.  That  should  it  be  ascertained  at  any  time  before  Further  iegisia- 

i        i  'lii*  in       ii  t'an  to  *>e  had  if 

the  payment  or  the  last  instalment  provided  for,  that  further  legis-  required, 
lation  is  required  for  passing  to  the  purchasers,  their  successors  and 
assigns,  all  the  title  and  interests  of  this  Commonwealth  to  the  said 
main  line,  or  any  portion  thereof,  or  of  the  property  connected 
therewith  or  used  thereon,  then  the  faith  of  the  Commonwealth  of 
Pennsylvania  is  hereby  pledged  for  the  enactment  of  all  laws  and 
the  performance  of  all  acts  necessary  to  carry  out  the  true  intent 
and  meaning  of  this  act. 

Section  14.  That  all  necessary  expenses  incurred  by  the  cover-  Expenses,  how 

.  .  °  to  be  paid. 

nor  under  the  provisions  of  this  act,  shall  be  paid  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated,  upon  warrants  drawn  by 
him. 

Section  15.  That  the  purchaser  of  said  works  shall  have  a  per-  rrmiejresmay 

i  •  i   •  p     i  •  i  i  ^e  resumed. 

petual  corporate  succession ;  and  it  the  said  purchaser  shall  at  any 


70  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


time  misuse  or  abuse  any  of  the  privileges  granted  by  this  act,  the 
Legislature  may  revoke  all  and  singular  the  rights  and  privileges 
granted  to  said  company,  on  a  judicial  decree  of  said  misuse  or 
abuse  being  first  had  and  obtained,  and  thereupon  may  take 
for  public  use  the  road  or  roads,  canal  or  canals,  so  purchased  or 
constructed  in  pursuance  of  this  act :  Provided,  That  in  resuming 
said  franchises,  no  injury  shall  be  done  to  the  corporators  of  said 
company )  and  in  taking  such  road  or  roads,  canal  or  canals,  for 
public  use,  full  compensation  shall  be  made  to  the  stockholders. 
Expenditures  Section  16.  That  in  the  event  of  a  sale  and  delivery  of  said  main 
sale  of  line  as  aforesaid,  all  further  payments  on  account  of  the  appropria- 
tions for  motive  power  or  other  expenses  on  said  main  line,  as  pro- 
vided in  an  act  to  provide  for  the  ordinary  expenses  of  government, 
the  repairs  of  public  canals  and  railroads,  and  other  general  and 
special  appropriations  for  the  year  one  thousand  eight  hundred  and 
fifty-seven,  shall  be  supended. 

Approved  May  16/A,  1857. 


by  the  State  to 
cease  on 
lino. 


AN  ACT 


AUTHORIZING    THE    PENNSYLVANIA    RAILROAD    COMPANY    TO 
HOLD  REAL  ESTATE  IN  LANCASTER  COUNTY. 

Company  au-       Section  1.  That  the  Pennsylvania  Railroad  Company  be  and  is 
chaatfaiid  hSd"  hereby  authorized  and  empowered  to  purchase  and  hold  lands  not 

lands  in  Lanoas-  ..         ~  •      ,1  <•  t  a 

ter  county  not    exceeding  five  acres,  in  the  county  oi  Lancaster. 

acres. 'Dg   ™  Approved  May  lGth,  1857. 


AN  ACT 

TO  AUTHORIZE  THE  PENNSYLVANIA  RAILROAD  COMPANY  TO 
SUBSCRIBE  TO  THE  CAriTAL  STOCK  OR  ENDORSE  THE  BONDS 
OF  THE  CHARTIERS  VALLEY  RAILROAD  COMPANY. 

Company  au-  Section  1.  That  the  Pennsylvania  Railroad  Company  be  autho- 
ScdbeetocapUai  rized  to  subscribe  to  the  capital  stock  of  the  Chartiers  Valley  Rail- 
tier^Rauroad  road  Company,  or  guarantee  the  payment  of  principal  and  interest 
Company,  or      ^^  tbe  moi.tgage  bonaa  of  sa;d  Chartiers  Valley  Railroad  Company 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  71 


rest 
age 


to  an  amount  not  exceeding  five  hundred  thousand  dollars,  on  such  Fn»n»ntce  pny- 
terms  and  conditions  as  may  be  agreed  upon  between  the  said  com-  '';l1  ",".1 "'"' 

J  o  r  ol  mortgage 

panies :     Provided,   That    the   subscription  so  made  shall   not  beJ"""N,!    ,M 
r  i  r  <  ompany,  not 

exempt  from  taxation  by  virtue  of  any  provisions  contained  in  the  2S|£»o8 
act  approved  May  sixteenth,  one  thousand  eight  hundred  and  fifty-  Proviso. 
seven/  for  the  sale  of  the  main  line  of  the  public  works. 

Approved  May  20th,  1857. 


AN  ACT 

TO  AUTHORIZE  THE  PENNSYLVANIA  RAILROAD  COMPANY  TO 
SUBSCRIBE  TO  THE  CAPITAL  STOCK  OF  THE  HEMPFIELD 
RAILROAD. 

Section  1.  That  the  Pennsylvania  Railroad    Company  be  au-  Company  may 

^  r       •  subscribe  to 

thorized  to  subscribe  to  the  capital  stock  of  the  Ilempfield  Railroad  stock  of  'i.mp- 

*  r  field  Railroad 

Company,  any  sum  not  exceeding  one  million,  on    such  terms  and  Company,  i  ot 

f  .  exceeding 

conditions  as  may  be  agreed  on  between  said  companies :  And  pro-  $1000,000. 
vided,  That  this  act  shall  not  be  of  valid  effect  until  accepted  by  the 
stockholders  of  the  Pennsylvania  Railroad  Company,  at  a  meeting 
to  be  called  for  that  purpose,  as  provided  in  like  cases  by  the  charter 
of  the  said  Company  :  Provided ,  further,  That  the  stock  subscribed  Proviso. 
in  pursuance  of  this  act  shall  not  be  relieved  from  taxation,  by 
virtue  of  any  provisions  contained  in  the  bill  passed  at  the  present 
session  of  the  Legislature  for  the  sale  of  the  main  line  of  the  public 
works. 

Approved  May  20th,  1857. 


A  SUPPLEMENT 

TO  THE  ACT  REGULATING  RAILROADS. 
Section  1.  That  no  lateral  or  private  railroad  leading  from  any  Lateral  or  pri- 

.  .  vate  railroads 

ore  mine,  coal  mine,  or  limestone  or  other  quarry,  now  having  the  from  ore  mines, 

.,  .  ,  n  -iii-ii       Ac.,  not  to  cros 

right  to  cross,  at  grade,  the   track  01  any  railroad  authorized  to  be  any  railroad 

iMi  •    1       1  iii-/~i  1  chartered  by 

built  by  any  special   charter  granted  by  this  Commonwealth,  shall  this  state  at 


72  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


more  th.-m  two   ^g  permitted  to  cross  such  track  of  such  chartered  railroad  at  more 

crossings,  or  L 

with  more  than  than  two  crossings,  or  with  more  than  a  double  track;  and  the  pro- 

a  double  track.  c   '  *  r 

prietors  of  any  such  lateral  or  private  railroad  leading  from  any 
single  mine,  opening  or  tunnel,  shall,  at  the  point  of  crossing  such 
chartered  railroad,  be  confined  to  a  double  track;  and  the  company 
owning  such  chartered  railroad  shall  have  the  right,  in  any  case,  to 
enforce  compliance  with  the  provisions  of  this  section,  by  refusing 
to  permit  more  than  a  double  crossing  as  aforesaid. 

Approved  Mag  20t7i,  1857. 


AN  ACT 

TO  AUTHORIZE  THE  APPOINTMENT  OF  APPRAISERS  TO  ASSESS 
AND  REPORT  THE  DAMAGES  SUSTAINED  BY  TRANSPORTERS 
AND  OTHERS  BY  REASON  OF  THE  SALE  OF  THE  MAIN  LINE  OF 
THE  PENNSYLVANIA  CANAL. 

TheGovernorto      Section  1.   That  immediately  after  the  passage  of  this  act,  the 

appoint  one  per-  ,  ,    .      ,         .  ,       .       .  ,     ..  .  . 

son  and  the  governor  be  and  is  hereby  authorized  and  directed  to  appoint  one 
Railroad  Co.       person  who  is  disinterested,  and  the  Pennsylvania  Railroad  Company 

one,  andthevto     ,     .,  .  ,  ,  .     ..  .  .  ,  ,      ,  , 

appoint  a  thud,  shall  appoint  another,  who  shall  not  be  an  employee  or  stockholder 
ages  sustained  of  said  company,  and  the  persons  thus  selected  shall  appoint  a 
dual  transport-  third,  whose  duty  shall  be  to  ascertain,  appraise,  and  assess  the 
line,  by  reason  damages  sustained,  if  any,  by  the  individual  transporters  on  the 
said  line.  main  line  of  the  public  works,  or  any  part  thereof,  from  and  after 

the  passage  of  an  act,  entitled  "An  Act  for  the  security  of  certain 
transporters  on  the  public  works  of  this  Commonwealth,"  approved 

Provided  the  r  )        ff 

Pennsylvania     tue  eleventh  dav  of  February,  one  thousand  eight  hundred  and  fifty- 

Railroad  Com-       _  J  ,        .  . 

pany  to  have  5   sjx  |jy  reason  of  the  sale  of  the  main  line  :  Provided,  however,  that 

days'  notice  of  ;      J  '  ' 

time  and  place  said  Pennsylvania  Railroad  Company  shall  have  notice  of  the  time 

of  appointing  •>  *       ■» 

appraisers.  and  place  of  appointing  said  appraisers,  by  service  on  the  President 
neglects  to  ap-  or  Vice-President  of  said  corporation  for  five  days;  and  if  said  cor- 
to  appoint  the'  poration   then  should   neglect  or  refuse  to  appoint  an  appraiser,  in 

second  person,      .  ,  ,     .,  .    .  ■,  .  .   ,     . 

andthetwoto    that  case  the  governor  shall  appoint  a  second  person,  which  two 

c  rd.  shall  select  a  third. 

Duty  of  the  Section  2.  That  it  shall  be  the  duty  of  the  said  appraisers  im- 

mediately after  their  appointment,  after  having  been  severally  duly 
sworn  or  affirmed,  to  ascertain  and  assess  the  amount  of  damages 
sustained  by  the  aforesaid  individual  transporters  by  reason  of  the 
sale  of  said  main  line,  under  the  provisions  of  the  above  mentioned 


appraisers. 


ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY.  i  3 

act,   and  report  the   same,   by  schedule,  designating   the   different 

kinds  of  property  upon  which  damages  arc   assessed,  with  the  value 

attached  to  each  particular  kind,  such  transporters  byname  and  the 

amount  of  damages  awarded  them  during  the  present  session  of  the 

Legislature. 

Section  3.  That  the  said   appraisers  shall  receive  for  their  ser-  Compensation  of 

14  appraisers. 

vices,  each  at  the  rate  of  four  dollars  per  day  for  each  and  every 

day  they  shall  be  necessarily  employed;  and  the  governor  is  hereby 

authorized  and  directed  to  draw  his  warrant  on  the  State  treasurer 

for  the  amount,  Provided,  the  time  of  such  examination  shall  not 

exceed  ten  days. 

Section  4.  That  the  said  appraisers  be  and    they  are    hereby  Appraisers  to 

administer 

authorized  and  empowered  to  administer  oaths   and  affirmations  to  oaths  and 

affirmations  to 

witnesses  in  the  investigation  hereinbefore  provided  for.  witnesses. 

Approved  March  19th,  1858. 


AN  ACT 

TO  AUTHORIZE  THE   PENNSYLVANIA    RAILROAD    COMPANY    TO 
MAKE  SALES  OF  CERTAIN  REAL  ESTATE. 

Section  1.  That  hereafter  the  Pennsylvania  Railroad  Company  Company  to 

J  sr       j    have  power  to 

shall  have  full  power  and  authority  to  make  sale  of  such  real  estate  sell  and  convey 

*  J  such  of  its  real 

situated  at  Powelton,  in   the   city  of  Philadelphia,  or  elsewhere,  as  estate  as  in  the 

'  «  l  '  '         opinion  of  the 

the  said  company  may  at  any  time  hold,  or  be  in  any  way  interested  directors  is  not 

1        •>  J  J  j  j  necessary  lor 

in  or  entitled  to,  and  which  in  the  opinion  of  the  directors  of  the  the  uses  and 

'  r  purposes  of  the 

said  company  shall  not  be  necessary  for  the  uses  and  purposes  of  ^te^'ttlT) 
said  company,  and  to  assure  to  the  purchasers  of  the  same,  by  good 
and  effectual  title,  the  premises  which  shall  be  sold  under  the  au-  authority  here- 
thority  of  this  act:  Provided,  however,  That  the   authority  herein  not  discharge 

i       i-    ii        .  i  i  •  i  any  Hen  the 

contained,  shall  not  be  so  construed  or  exercised  as  to  discharge  any  commonwealth 
lien  that  the  Commonwealth  of  Pennsylvania  may  have  on  any  of  such  real  estate. 
the  real  estate  sold  and  conveyed  in  pursuance  of  this  act. 

Approved  April  1st,  1858. 


74  ACTS  OF  ASSEMBLY  AFFECTING  THE  COMPANY. 


AN  ACT 

ANNEXING  THE  COUNTY  OF  SCHUYLKILL  TO  THE  EASTERN 
DISTRICT  OF  THE  SUPREME  COURT,  AND  FOR  OTHER  PUR- 
POSES. 

Councils  autho-      Section  3.  That  the   Select  and  Common  Councils  of  the  City 

rized  to  regulate 

tolls  on  city       of  Philadelphia  be  and  they  are  hereby  authorized  and  empowered 

railroads.  .  . 

Proviso.  to  pass  ordinances  to  require  the  owners  or  agents  of  cars  travel- 

ing on  the  railroads  in  Broad,  High,  Third,  and  Dock  streets,  in  the 
city  of  Philadelphia,  to  deliver  a  certificate  of  the  contents  of  each 
car,  and  the  number  of  passengers  contained  therein,  and  of  the 
distance  they  have  been  conveyed  on  said  railroads,  and  to  require 
the  owners  or  agents  of  such  cars  to  pay  toll  for  the  same  :  Pro- 
vided, That  the  toll  charged  shall  be  the  same  toll  as  may  be 
charged  on  the  Pennsylvania  railroad,  [and  that  all  distances  under 
half  a  mile  shall  be  charged  as  half  a  mile,  and  all  distances  over 
half  a  mile  and  under  one  mile,  shall  be  charged  as  one  mile.]* 

Power  of  mayor,      Section  4.  That  it  shall  be  lawful  for  the  mayor,  aldermen  and 

&c,  when  ordi- 
nances ure  citizens  of  Philadelphia  to  provide  for  the  punishment  of  any  per- 
son or  persons  who  shall  refuse  or  omit  to  comply  with  the  provi- 
sions of  the  ordinances  which  may  be  enacted  by  virtue  of  this  act,  by 
imposing  a  fine,  to  be  recovered  in  the  same  manner  as  penalties  for 
the  violation  of  the  ordinances  of  the  City  of  Philadelphia  are  now 
by  law  recoverable. 

Approved  August  Id,  1842. 


AN  ACT 


RELATIVE  TO  THE  OBSTRUCTING  OF    THE   CROSSINGS  OF   PUB- 
LIC ROADS  BY  LOCOMOTIVES  AND  CARS. 

Penalty  foi  Section  1.  That  it  shall  not  be  lawful  for  any  railroad  company 

obstructing  the        ,  .     ,  ,  -       ,., 

crossings  of       to  block  up  the  passage  of  any  crossings  ot  public  streets  or  roads, 

public  streets,  .  ,  . 

with  locomo-      or  obstruct  the  said  crossings  with  their  locomotives  or  cars  :  aud 

tives  or  cars.  . 

it  any  engineer  or  other  agent  or  any  such  railroad  company,  shall 


*  Repealed  by  act  of  May  13th,  1856,  section  41,  aute,  page  CO. 


ACTS  OF  ASSEMBLY  AFFECTING  TIIE  COMPANY.  75 

obstruct  or  block  up  such  crossings,  be  or  they  shall  be  subject  to  a 
penalty  of  twenty-five  dollars,  to  bo  recovered,  with  costs,  in  the 
name  of  the  Commonwealth  of  Pennsylvania,  before  a  justice  of  the 
peace,  one-half  of  such  penalty  shall  be  paid  to  the  informer  or  in- 
formers, and  the  remaining  half  shall  be  paid  into  the  treasury  of 
the  Commonwealth  :  Provided,  That  in  tho  event  of  the  said  enjn-  Pmyiso- 

0      If  engineer  l>o 

ncer  or  ao-ent  being  unable  to  pay  the  said  penalty,  then,  and  in  unai.ietopay, 

°  °  r   J  r  •"  '  then  the  coin- 

that  case,  the  said  railroad  company  employing  the  said  engineer  or  pauy  is  HaMe. 

agent,  shall  pay  the  penalty  aforesaid. 

Approved  March  20th,  1845. 


PENNSYLVANIA 

GENERAL  RAILROAD  ACT 


PENNSYLVANIA  GENERAL  RAILROAD  ACT.  79 


AN  ACT 

REGULATING    RAILROAD    COMPANIES. 

Section  1.  That  whenever  a  special  act  of  the  general  assembly 
shall  hereafter  be  passed,  authorizing  the  incorporation  of  a  com- 
pany for  the  construction  of  a  railroad  within  this  commonwealth, 
the  commissioners  named  in  such  act,  or  any  five  of  them,  shall  Commissioners. 
have  power  to  open  books  for  receiving  subscriptions  to  the  capital  Subscriptions, 
stock  of  such  company,  at  such  time  or  times,  and  at  such  place  or 
places  as  they  may  deem  expedient,  after  having  given  at  least 
twenty  days'  notice,  in  one  or  more  newspapers,  published  in  the 
county  where  books  of  subscription  are  to  be  opened;  and  at  the 
times  and  places  so  designated  and  named  in  the  public  notices  to 
be  given,  as  aforesaid,  the  said  commissioners,  or  any  two  of  them, 
shall  attend  and  furnish  to  all  persons  duly  qualified,  who  shall  offer  who  may  sub- 
to  subscribe,  an  opportunity  of  so  doing;  and  it  shall  be  lawful  for 
all  such  persons,  and  for  all  firms  and  copartnerships,  by  themselves 
or  by  persons  duly  authorized,  to  subscribe  for  shares  in  said  stock; 
and  the  said  books  shall  be  kept  open  at  least  six  hours  in  every 
day,  for  the  term  of  three  juridical  days,  or  until  there  shall  have 
been  subscribed  the  whole  number  of  shares  authorized  by  the  spe- 
cial act;  and  if  at  the  expiration  of  three  days,  the  books  afore- 
said shall  not  have  the  number  of  shares  therein  subscribed,  the 
said  commissioners  may  adjourn,  from  time  to  time,  and  to  such 
places  as  they  may  deem  proper,  until  the  whole  number  of  shares 
authorized,  as  aforesaid,  shall  be  subscribed,  of  which  adjournment 
the  commissioners  aforesaid  shall  give  such  public  notice  as  the 
occasion  may  require;  and  when  the  whole  number  of  shares  shall 
be  subscribed  the  books  shall  be  closed  :  Provided  always,  That  no  Proviso, 
subscription  for  such  stock  shall  be  valid  unless  the  party  or  parties 
making  the  same  shall,  at  the  time  of  subscribing,  pay  to  the  said 
commissioners  five  dollars  on  each  and  every  share  subscribed,  for 
the  use  of  the  company. 

Section  2.  That  when  ten  per  centum  on  the  capital  stock,  as 
provided  by  any  special  act  of  incorporation,  shall  have  been  sub- 
scribed, and  five  dollars  paid  on  each  and  every  share,  as  aforesaid, 
the  said  commissioners,  or  such  of  them  as  shall  have  acted,  shall 
certify  to  the  governor,  under  their  hands  and  seals,  the  names  of 
the  subscribers,  and  the  number  of  shares  subscribed  by  each,  and 
that  five  dollars  on  each  share  have  been  paid,  whereupon  the  gov- 


80 


PEXXSYLYAXIA  GEXERAL  RAILROAD  ACT. 


Letters  patent,    ernor  shall,  by  letters  patent,  under  bis  band  and  seal  of  tbe  com- 
monwealth, create  and   constitute   tbe  subscribers,  and  if  tbe  sub- 
scription be  not  full  at  tbe  time,  tbose  who  sball  tbereafter  subscribe 
to  tbe  number  of  sbares  aforesaid,  tbeir  successors  and  assigns,  into 
incorporate.       a  body  politic  and  corporate,  in  deed  and  in  law,  by  tbe  name,  style 
style-  and  title  designated  by  tbe  special  act  of  assembly  ;  and  by  tbe  said 

name,  style  and  title,  tbe  said  subscribers  sball  bave  perpetual  suc- 
Prmieges.         cession,  witb  all  tbe  privileges,  franchises  and  immunities  incident 
to  a  corporation,  and  be  able  to  sue  and  be  sued,  plead  and  be  im- 
pleaded, in  all  courts  of  record  and  elsewhere,  and  to  purcbase,  re- 
ceive, bave,  bold,  use  and  enjoy  to  tbem  and  tbeir  successors,  goods, 
cbattels  and  estate,  real  and  personal,  of  what  kind  and  nature 
soever,  and  tbe  same  from  time  to  time  to  sell,  exchange,  mortgage, 
grant,  alien  or  otberwise  dispose  of,  and  to  make  dividends  of  such 
portion  of  tbe  profits  as  tbey  may  deem  proper;  and  also  to  make 
and  bave  a  common  seal,  and  the  same  to  alter  and  renew  at  pleas- 
By-laws,  ure,  and  also  to  ordain,  establish  and  put  in  execution,  such  by-laws, 
ordinances  and  regulations  as  shall  appear  necessary  or  convenient 
for  the  government  of  said  corporation,  not  being  contrary  to  the 
constitution  and  laws  of  the  United  States,  or  of  this  commonwealth, 
and  generally  to  do  all  and  singular  the  matters  and  things  which  to 
them  it  shall  lawfully  appertain  to  do  for  the  well  being  of  said  cor- 
poration, and  the  due  ordering  and  management  of  the  affairs  there- 
Proviso,            of:   Provided,  That  nothing  herein  contained  sball  be  construed  as 
in  any  way  giving  to  such  corporation  any  banking  privileges  what- 
ever, or  any  other  liberties,  privileges  or  franchises  but  such  as  may 
be  necessary  or  convenient  to  the  procuring,  owning,  making,  main- 
taining,   regulating    and    using    their    railroad,   the    locomotives, 
machinery,  cars  and  other  appendages  thereof,  and  the  conveyance 
of  passengers,  the  transportation  of  goods,  merchandise  and  other 
Proviso.             commodities  thereon  :    And  provided  further,  That  such  company 
shall  not  purchase  or  hold  any  real  estate,  except  such  as  may  be 
necessary  or  convenient  for  the   making  or  constructing  of  their 
railroad,  or  for   the  furnishing  of  materials  therefor,  and  for  the 
accommodation   of  depots,  offices,  warehouses,  machine  shops,  toll 
bouses,    engine  and   water  stations,  and  other  appropriate  appur- 
tenances, and  for  the  persons  and  things  employed  or  used  in  and 
about  the  same. 

Section  3.     That  the  commissioners  named  as  aforesaid,  or  such 

of  them  as  shall  have  acted,  sball,  as  soon  as  conveniently  may  be 

after  the  said  letters  patent  shall  be  obtained,  appoint  a  time  and 

organization,     place  for  the  subscribers  to  meet  to  organize  the  company,  and  shall 


PENNSYLVANIA    GENERAL    RAILROAD    ACT.  81 


give  at  least  two  weeks'  notice  thereof  in  the  manner  provided  for 
in  the  first  section  of  this  act ;  and  the  said  subscribers,  when  met, 
shall  elect,  by  a  majority  of  the  votes  present,  to  be  given  in  person 
or  by  proxy,  a  president  and  twelve  directors,  the  president  and  a  Officers. 
majority  of  whom  shall  be  resident  citizens  of  this  commonwealth, 
and  shall  be  owners  respectively  of  at  least  three  shares  in  the  stock 
of  such  company;  and  the  said  president  and  directors  shall  conduct 
and  manage  the  affairs  and  business  of  said  company,  until  the 
second  Monday  in  January  then  next  ensuing,  and  until  others  are 
chosen  ;  and  may  make,  ordain  and  establish  such  by-laws,  rules, 
orders  and  regulations,  and  perform  such  other  matters  and  things 
as  are  by  this  act  authorized :  Provided,  that  in  case  of  the  resigna-  Proviso, 
tion,  death  or  removal  of  the  president,  the  directors  shall,  by  a 
majority  of  votes,  supply  the  vacancy  until  the  next  annual  election. 

Section  4.  That  the  stockholders  of  such  compauy  shall  meet  Annual  meet- 
on  the  second  Monday  in  January  in  every  year,  at  such  place  as 
may  be  fixed  on  by  the  by-laws,  of  which  notice  shall  be  given  at 
least  two  weeks  previously  by  the  secretary,  in  the  manner  before 
mentioned,  and  choose,  by  a  majority  of  the  votes  present,  a  presi- 
dent and  twelve  directors,  qualified  as  aforesaid,  for  the  ensuing 
year,  who  shall  continue  in  office  until  the  next  annual  election, 
and  until  others  are  chosen ;  at  which  annual  meeting  the  said 
stockholders  shall  have  full  power  and  authority  to  make,  alter  or 
repeal,  by  a  majority  of  votes  given,  any  or  all  such  by-laws,  rules, 
orders  and  regulations  as  aforesaid,  and  do  and  perform  every  other 
corporate  act  authorized  by  their  charter  :  the  stockholders  may 
meet  at  such  other  times  and  places  as  they  may  be  summoned  by  the 
president  and  directors,  in  such  manner  and  form,  and  giving  such 
notice  as  may  be  prescribed  by  the  by-laws ;  and  the  president,  on 
the  request  in  writing  of  any  number  of  stockholders  representing 
not  less  than  one  tenth  in  interest,  shall  call  a  special  meeting,  giv-  Special  meeting 
ing  the  like  notice,  and  stating  specifically  the  objects  of  the  meet- 
ing; and  the  objects  special  in  such  notice,  and  no  other,  shall  be 
acted  on  at  such  special  meeting. 

Section  5.    The  elections  for  directors  provided  for  in  this  act,  Elections,  how 

conducted. 

shall  be  conducted  as  follows,  to  wit :  at  the  first  election  the  com- 
missioners shall  appoint  three  stockholders  to  be  judges  of  the  said 
election,  and  to  hold  the  same;  and  at  every  succeeding  election 
the  directors  for  the  time  being,  shall  appoint  three  stockholders 
for  the  like  purpose;  and  the  persons  so  appointed  by  said  com- 
missioners and  directors  shall  not  be  eligible  to  an  election  as  a 
director  at  said  election,  and  shall  respectively  take  and  subscribe 
6 


82 


PENNSYLVANIA  GENERAL  RAILROAD  ACT. 


an  oath  or  affirmation,  before  an  alderman  or  justice  of  the  peace, 
well  and  truly  and  according  to  law,  to  conduct  such  election  to  the 
best  of  their  knowledge  and  ability;  and  the  said  judges  shall 
decide  upon  the  qualifications  of  voters,  and  when  the  election  is 
closed,  shall  count  the  votes  and  declare  who  have  been  elected ; 
and  if  at  any  time  it  shall  happen  that  an  election  of  directors  shall 
not  be  made  at  the  time  specified,  the  corporation  shall  not  for  that 
reason  be  dissolved;  but  it  shall  be  lawful  to  hold  and  make  such 
election  of  directors  on  any  day  within  three  months  thereafter,  by 
giving  at  least  ten  days'  previous  notice  of  the  time  and  place  of 
holding  said  election  in  the  manner  aforesaid ;  and  the  directors  of 
the  preceding  year  shall,  in  that  case,  continue  in  office,  and  be 
invested  with  all  powers  belonging  to  them  as  such,  until  others  are 
elected  in  their  stead.  In  case  of  the  death  or  resignation  of  a 
director,  or  a  failure  to  elect  in  case  of  a  tie  vote,  the  vacancy  may 
be  filled  by  the  board  of  directors;  at  all  general  meetings  or  elec- 
tions by  the  stockholders,  each  share  of  stock  shall  entitle  the 
holder  thereof  to  one  vote,  and  each  ballot  shall  have  endorsed 
thereon  the  number  of  shares  thereby  represented;  but  no  share  or 
shares  transferred  within  sixty  days  next  preceding  any  election  or 
general  meeting  of  the  stockholders,  shall  entitle  the  holder  or 
holders  thereof  to  vote  at  any  such  election  or  general  meeting; 
nor  shall  any  proxy  be  received,  or  entitle  the  holder  to  vote, 
unless  the  same  shall  bear  date,  and  have  been  duly  executed 
within  the  three  months  next  preceding  such  election  or  general 
meeting. 

Powers.  Section  6.  That  the  president  and  directors  of  such  company, 

for  the  time  being,  are  hereby  authorized  and  empowered  to  exer- 
cise all  the  powers  granted  to  the  corporation ;  they  shall  meet  at 
such  times  and  places  as  shall  be  by  them  deemed  most  convenient 
for  the  transaction  of  their  business,  and  when  met,  seven  shall  be 

Quorum.  a  quorum  to  do  business;  the  president,  if  present,  shall  preside  at 

all  meetings  of  the  board,  and  when  absent  the  board  shall  appoint 
a  president  pro  tem.;  they  shall  keep  minutes  of  their  proceedings, 
fairly  entered  in  a  suitable  book  to  be  kept  for  that  purpose;  they 
shall  choose  a  secretary  and  treasurer,  and  may  appoint  or  employ 
all  such  officers,  engineers,  agents,  superintendents,  artisans,  work- 
men, or  other  persons,  as  in  their  opinions  may  be  necessary  or 
proper  in  the  management  of  the  affairs  and  business  of  said  corpo- 
ration, at  such  times,  in  such  manner,  and  under  such  regulations 
as  they  may  from  time  to  time  determine;  they  shall  fix  the  amount 
of  the  salaries  and  wages  of  such  officers  and  persons  employed  by 


PENNSYLVANIA  GENEBAL  KAILROAD  ACT.  S3 

them,  and  they  may  require  bond,  with  security,  in  such  amounts 
as  they  may  deem  necessary,  of  each  or  any  of  said  officers  or  other 
persons  by  them  appointed  or  employed,  for  the  faithful  discharge 
of  their  duties,  and  generally  to  do  all  such  other  acts,  matters  and 
things  as  by  this  act  and  the  by-laws  and  regulations  of  the  said 
company  they  may  be  authorized  to  do. 

Section  7.     That  the  president  and  directors  of  such  company 
first  chosen,  shall  procure  certificates  or  evidences  of  stock  for  all  Certificates  of 

'  r  _  .       stock. 

the  shares  of  such  compan}T,  and  shall  deliver  one  or  more  certifi- 
cates or  evidences,  signed  by  the  president,  countersigned  by  the 
treasurer,  and  sealed  with  the  common  seal  of  the  corporation,  to 
each  person  or  party  entitled  to  receive  the  same,  according  to  the 
number  of  shares  by  him,  her  or  them  respectively  subscribed  or 
held,  which  certificates  or  evidences  of  stock  shall  be  transferable  at  Transferable, 
the  pleasure  of  the  holder,  in  a  suitable  book  or  books  to  be  kept 
by  the  company  for  that  purpose,  in  person  or  by  attorney  duly 
authorized,  in  the  presence  of  the  president  or  treasurer,  subject, 
however,  to  all  payments  due  or  to  become  due  thereon;  and  the 
assignee  or  party  to  whom  the  same  shall  have  been  so  transferred, 
shall  thereupon  be  a  member  of  said  curporation,  and  have  and  enjoy 
all  the  immunities,  privileges  and  franchises,  and  be  subject  to  all 
the  liabilities,  conditions  and  penalties  incident  thereto,  in  the  same 
manner  as  the  original  subscriber  would  have  been  :  Provided,  That  proviso, 
no  certificate  shall  be  transferred  so  long  as  the  holder  thereof  is 
indebted  to  said  company,  unless  the  board  of  directors  shall  consent 
thereto :  And  provided,  That  no  such  transfer  of  stock  shall  have 
the  effect  of  discharging  any  liabilities  or  penalties  theretofore  in- 
curred by  the  owner  thereof. 

SectionS.  The  capital  stock  of  such  company  shall  be  divided  Capital  stock. 
into  shares  of  fifty  dollars  each,  and  shall  be  called  in  and  paid  at  shares, 
such  times  and  places,  and  in  such  proportions  and  instalments,  not,  instalments, 
however,  exceeding  five  dollars  per  share  in  any  period  of  thirty 
days,  as  the  directors  shall  require,  of  which  public  notice  shall  be 
given   for   at  least  two  weeks  next  preceding  the   time   or   times 
appointed  for  that  purpose,  in  the  manner  above  mentioned ;  and  if 
any  stockholder  shall  neglect  to  pay  such  proportion  or  instalment 
so  called  for  at  the  time  and  place  appointed,  he,  she  or  they  shall 
be  liable  to  pay,  in  addition   to  the  proportion  or  instalment  so 
called  for,  at  the  rate  of  one  per  cent,  per  month  for  the  delay  of 
such  payment ;  and  if  the  same  and  the  additional  penalty,  or  any 
part  thereof,  shall  remain  unpaid  for  the  period  of  six  months,  he, 


84 


PENNSYLVANIA  GENERAL  RAILROAD  ACT. 


Forfeiture.  she  or  they  shall,  at  the  discretion  of  the  directors,  forfeit  to  the 
use  of  the  company  all  right,  title  and  interest  in  and  to  every  and 
all  share  or  shares,  on  account  of  which  such  default  in  payment 
may  be  made  as  aforesaid,  or  the  directors  may,  at  their  option, 
cause  suit  to  he  brought  before  any  competent  tribunal,  for  the 
recovery  of  the  amount  due  on  such  shares,  together  with  the  pen- 
alty of  one  per  cent,  per  month  as  aforesaid;  and  in  the  event  of  a 
forfeiture,  the  share  or  shares  so  forfeited  may  be  disposed  of  at 
the  discretion  of  the  president  and  directors,  under  such  rules  and 
regulations  as  may  be  prescribed  by  the  by-laws.  No  stockholder 
shall  be  entitled  to  vote  at  any  election,  nor  at  any  general  or  spe- 
cial meeting  of  the  company,  on  whose  share  or  shares  any  instal- 
ment or  arrearages  may  be  due  more  than  thirty  days  next  preced- 

Proriso.  ing    said    election    or  meeting;    Provided,   That   no   forfeiture  of 

stock  shall  release  or  discharge  the  owner  thereof  from  any  liabili- 
ties or  penalties  incurred  prior  to  the  time  of  such  forfeiture. 

Dividends.  Section  9.   That   the  dividends  of  so   much   of  the   profits    of 

such  company  as  shall  appear  advisable  to  the  directors,  shall  be 
declared  in  the  months  of  July  and  January  in  each  and  every 
year,  and  be  paid  to  the  stockholders  or  their  legal  representatives, 
on  application  at  the  ofiice  of  such  company,  at  any  time  after  the 
expiration  of  ten  days  from  the  time  of  declaring  the  same;  but 
the  said  dividends  shall  in  no  case  exceed  the  amount  of  the  net 
profits  actually  acquired  by  the  company,  so  that  the  capital  stock 
shall  never  be  impaired  thereby;  and  if  the  said  directors  shall 
make  any  dividend  which  shall  impair  the  capital  stock  of  the 
company,  the  directors  consenting  thereto  shall  be  liable,  in  their 
individual  capacities,  to  such  company,  for  the  amount  of  the 
capital  stock  so  divided,  recoverable  by  action  of  debt  as  in  other 
cases;  and  each  director  present  when  such  dividend  shall  be  de- 
clared, shall  be  considered  as  consenting  thereto,  unless  he  forth- 
with enter  his  protest  on  the  minutes  of  the  board,  and  give  public 
notice  to  the  stockholders  of  the  declaring  of  such  dividend. 

Locate,  fix,  Section  10.  That  the  president  and  directors  of  such  company 

in  irk  and  deter- 
mine route,  &c.  shall  have    power  and  authority   by   themselves,   their  engineers, 

superintendents,  agents,  artizans  and  workmen,  to  survey,  ascertain, 

locate,  fix,  mark  and  determine,  such  route  for  a  railroad  as  they 

may  deem  expedient,  not,  however,  passing  through  any  burying 

ground  or  place  of  public  worship,  or  any  dwelling  house  in  the 

occupancy  of  the  owner  or  owners  thereof,   without  his,  her,  or 

their  consent,  and  not,  except  in  the  neighborhood  of  deep  cuttings, 

or  high  embankments;  or  places  selected  for  sidelings,  turn-outs, 


PENNSYLVANIA  GENERAL  RAILROAD  ACT.  85 


depots,  engine  or  water  stations,  to  exceed  sixty  feet  in  width,  and 
thereon  to  lay  down,  erect,  construct  and  establish  a  railroad,  with 
one  or  more  tracks,  with  such  branches  or  lateral  roads  as  may  be 
specially  authorized,  and  with  sueh  bridges,  viaducts,  turn-outs, 
Biddings,  or  other  devices  as  they  may  deem  necessary  or  useful 
between  the  points  named  in  the  special  act  incorporating  such 
company,  commencing  at  or  within,  and  extending  to  or  into  any 
town,  city  or  village,  named  as  the  place  of  beginning  or  terminus 
of  such  road ;  and  in  like  manner,  by  themselves,  or  other  persons 
by  them  appointed  or  employed  as  aforesaid,  to  enter  upon  and 
into,  and  occupy  all  land  on  which  the  said  railroad  or  depots, 
warehouses,  offices,  toll  houses,  engines  and  water  stations,  other 
buildings  or  appurtenances  hereinbefore  mentioned  may  be  located, 
or  which  may  be  necessary  or  convenient  for  the  erection  of  the 
same,  or  for  any  purpose  necessary  or  useful  in  the  construction, 
maintenance  or  repairs  of  said  railroad,  and  therein  and  thereon  to 
dig,  excavate  and  embank,  make,  grade,  and  lay  down  and  con- 
struct the  same;  and  it  shall  in  like  manner  be  lawful  for  such 
company,  their  officers,  agents,  engineers,  contractors  or  workmen, 
with  their  implements  and  beasts  of  draught  or  burden,  to  enter 
upon  any  lands  adjoining  or  in  the  neighborhood  of  their  railroads 
so  to  be  constructed,  and  to  quarry,  dig,  cut,  take  and  carry  away 
therefrom,  any  stone,  gravel,  clay,  sand,  earth,  wood,  or  other 
suitable  material  necessary  or  proper  for  the  construction  of  any 
bridges,  viaduct  or  other  building,  which  may  be  required  for  the 
use,  maintenance  or  repairs  of  said  railroad :  Provided,  That  Proviso, 
before  such  company  shall  enter  upon  or  take  possession  of  any 
such  lands  or  materials,  they  shall  make  ample  compensation  to  the 
owner  or  owners  thereof,  or  tender  adequate  security  therefor : 
Provided  further,  That  the  timber  used  in  the  construction  or  Proviso. 
repair  of  said  railroad,  shall  be  obtained  from  the  owner  thereof, 
only  by  agreement  or  purchase :  And  provided  further,  That  Proviso, 
whenever  any  company  shall  locate  its  road  in  and  upon  any  street 
or  alley,  in  any  city  or  borough,  ample  compensation  shall  be  made 
to  the  owners  of  lots  fronting  upon  such  street  or  alley,  for  any 
damages  they  may  sustain,  by  reason  of  any  excavation  or  embank- 
ment made  in  the  construction  of  such  road,  to  be  ascertained  as 
other  damages  are  authorized  to  be  ascertained  by  this  act. 

Section  11.  That  when  the  said  company  cannot  agree  with  the  Damages,  how 
owner  or  owners  of  any  lands  or  materials,  for  the  compensation  adjusted.6 
proper  for  the  damage  done  or  likely  to  be  done  to,  or  sustained  by 


86  PENNSYLVANIA  GENEEAL  RAILROAD  ACT. 

any  such  owner  or  owners  of  such  lands  or  materials,  which  such 
company  may  enter  upon,  use  or  take  away,   in   pursuance   of  the 
authority  hereinbefore  given,  or  by  reason  of  the  absence  or  legal 
incapacity  of  any  such  owner  or  owners,  no  such  compensation  can 
be  agreed  upon,  the  Court  of  Common  Pleas  of  the  proper  county, 
on  application  thereto  by  petition,  either  by  said  company  or  owner 
or  owners,  or  any  one  in  behalf  of  either,  shall  appoint  seven  dis- 
creet and  disinterested  freeholders  of  said  county,  neither  of  whom 
shall  be  residents  or  owners  of  property  upon  or  adjoining  the  line 
of  such  railroad,  and  appoint  a  time,  not  less  than  twenty  nor  more 
than  thirty  days  thereafter,  for  said  viewers  to  meet  at  or  upon  the 
premises  where  the  damages  are  alleged  to  be  sustained,  of  which 
time  and  place  ten  days'  notice  shall  be  given  by  the  petitioner  to 
the  said  viewers  and  the  other  party;  and  the  said  viewers  or  any 
five  of  them,  having  been  first  duly  sworn  or  affirmed,  faithfully, 
justly  and  impartially  to  decide,  and  true  report  to  make  concerning 
all  matters  and  things  to  be  submitted  to  them,  and  in  relation  to 
which  they  are  authorized «to  inquire  in  pursuance  of  the  provisions 
of  this  act,  and  having  viewed  the  premises,  they  shall  estimate 
and   determine   the   quantity,   quality  and  value  of  said  lands  so 
taken  or  occupied,  or  to  be  so  taken  or  occupied,  or  the  materials  so 
used  or  taken  away,  as  the  case  may  be,  and  having  a  due  regard 
to  and  making  just  allowance  for  the  advantages  which  may  have 
resulted,  or  which  may  seem  likely  to  result  to  the  owner  or  owners 
of  said  land  or  materials,  in  consequence  of  the  making  or  opening 
of  said  railroad,  and  of  the  construction  of  works  connected  there- 
with; and  after  having  made  a  fair  and  just  comparison  of  said 
advantages  and  disadvantages,  they  shall  estimate   and  determine 
whether  any,  and  if  any,  what  amount  of  damages  has  been  or  may 
be 'sustained,  and  to  whom  payable,  and  make  report  thereof  to  the 
said  court;  and  if  any  damages  be  awarded,  and  the  report  be  con- 
firmed by  the  said  court,  judgment  shall  be  entered  thereon ;  and  if 
the  amount  thereof  be  not  paid  within  thirty  days  after  the  entry 
of  such  judgment,  execution  may  then  issue  thereon  as  in  other 
cases  of  debt,  for  the  sum  so  awarded,  and  the  costs  and  expenses 
incurred  shall  be  defrayed  by  the  said  railroad  company;  and  each 
of  said  viewers  shall  be  entitled  to   one  dollar  and  fifty  cents  per 
day  for  every  day  necessarily  employed  in  the  performance  of  the 
duties  herein  prescribed,  to  be  paid  by  such  railroad  company. 

Section  12.  That  whenever,  in  the  construction  of  such  road  or 
roads,  it  shall  be  necessary  to  cross  or  intersect  any  established  road 
or  way,  it  shall  be  the  duty  of  the  president  and  directors  of  the 


PENNSYLVANIA   GENERAL   RAILROAD  ACT.  87 

said  company,  so  to  construct  the  said  road  across  such  established 
road  or  way,  as  not  to  impede  the  passage  or  transportation  of 
persons  or  property  along  the  same;  and  that,  for  the  accommoda- 
tion of  all  persons  owning  or  possessing  land  through  which  the 
said  railroad  may  pass,  it  shall  be  the  duty  of  such  company  to 
make  or  cause  to  be  made,  a  good  and  sufficient  causeway  or  cause-  Causeways. 
ways,  whenever  the  same  may  be  necessary  to  enable  the  occupant 
or  occupants  of  said  lands  to  cross  or  pass  over  the  same,  with 
wagons,  carts  and  implements  of  husbandry,  as  occasion  may  require ; 
and  the  said  causeway  or  causeways,  when  so  made,  shall  be 
maintained  and  kept  in  good  repair  by  such  company;  and  if  the  To  be  kept  in 
said  company  shall  neglect  or  refuse,  on  request,  to  make  such 
causeway  or  causeways,  or  when  made,  to  keep  the  same  in  good 
order,  the  said  company  shall  be  liable  to  pay  any  person  aggrieved 
thereby,  all  damages  sustained  by  such  person  in  consequence  of 
such  neglect  or  refusal ;  such  damages  to  be  assessed  and  ascer- 
tained in  the  same  manner  as  provided  in  the  last  section  for  the 
assessment  of  damages :  Provided,  That  the  said  company  shall,  Proviso, 
in  no  case,  be  required  to  make  or  cause  to  be  made,  more  than  one 
causeway  through  each  plantation  or  lot  of  land,  for  the  accom- 
modation of  any  one  person  owning  or  possessing  land  through 
which  the  said  railroad  may  pass;  and  where  any  public  road  shall 
cross  such  railroad,  the  person  owning  or  possessiug  land  through 
which  the  said  public  road  may  pass,  shall  not  be  entitled  to  require 
the  company  to  erect  or  keep  in  repair  any  causeway  or  bridge  for 
the  accommodation  of  the  occupant  of  said  land. 

Section  13.  That  if  any   such  railroad  company  shall  find   it 

necessary  to   change   the   site   of  any  portion   of  any  turnpike  or  change  of  loca- 
tion, 
public  road,  they  shall  cause  the  same  to  be  so  re-constructed  forth- 
with, at  their  own  proper  expense,  on  the  most  favorable  location, 
and  in  as  perfect  a  manner  as  the  original  road :   Provided,  That  Proviso, 
the  damages  incurred  in  changing  the  location  of  any  road  autho- 
rized by  this  section,  shall  be  ascertained  and  paid  by  such  company, 
in  the  same  manner  as  is  provided  for  in  regard  to  the  location  and 
construction  of  their  own  road. 

Section  14.  That  in  all  suits  or  actions  against  such  company, 
the  service  of  process  on  the  president,  secretary,  treasurer,  engineer,  ?<rvice  of  pro- 
agent,  or  any  director  of  the  same,  shall  be  good  and  available  in 
law;  but  no  suit  or  action  shall  be  prosecuted  by  any  person  or  per- 
sons, for  any  penalties  incurred  under  this  act,  unless  such  suit  or 
action  shall  be  commenced  within  two  years  next  after  the  offence 


88  PENNSYLVANIA   GENERAL   RAILROAD   ACT. 

committed  or  cause  of  action  accrued ;  and  the  defendants  in  such 
suit  or  action  may  plead  the  general  issue,  and  give  this  act  and  the 
special  matter  in  evidence,  and  that  the  same  was  done  in  pursuance 
and  by  authority  of  this  act. 
Penalty  for  com-      Section  15.  That  if  any  person  or  persons  shall  wilfully  and 

mittiriK  injuries  ..,,,.. 

to  works.  &c.  knowingly  break,  injure  or  destroy  any  railroad  authorized  by 
special  act  of  assembly,  or  any  part  thereof,  or  any  edifice,  device, 
property  or  work,  or  any  part  thereof,  or  any  machinery,  engine,  car, 
implement  or  utensil,  erected,  owned  or  used  by  such  company,  in 
pursuance  of  this  act,  he,  she  or  they  so  offending  shall  forfeit  and 
pay  to  such  company  three  times  the  actual  damage  so  sustained,  to 
be  sued  for  and  recovered  with  full  costs,  before  any  tribunal  hav- 
ing cognizance  thereof,  by  action  in  the  name  and  for  the  use  of  the 
company. 

Penalty  for  mis-  Section  16.  That  if  any  person  or  persons  shall  willfully  and 
maliciously  remove  or  destroy  any  part  of  the  road,  property,  build- 
ings or  other  works  belonging  to  such  company  or  place,  designedly 
and  with  evil  intent,  any  obstruction  on  the  line  of  such  railroad,  so 
as  to  jeopard  the  safety  or  endanger  the  lives  of  persons  traveling  on 
or  over  the  same,  such  person  or  persons  so  offending  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction,  be  im- 
prisoned in  the  county  jail  or  penitentiary,  at  the  discretion  of  the 

Proviso.  court,  for  a  term  not  more  than  three  years  :  Provided,  That  nothing 

herein  contained  shall  prevent  the  company  from  pursuing  any  other 
appropriate  remedy  at  law  in  such  cases. 

Section  17.  That  at  each  annual  meeting  of  the  stockholders  of 
any  such  company,  the  president  and  managers  of  the  preceding 
year  shall  exhibit  to  them  a  full  and  complete  statement  of  the 

statement  of      affairs  and  proceedings  of  the  company  for  such  year,  with  all  such 

affairs,  Ac.  .  .  ,     .  .  «   ,. 

matters  as  shall  be  necessary  to  convey  to  the  stockholders  a  lull 
knowledge  of  the  condition  and  affairs  of  said  company,  and  the  said 
president  and  directors  of  every  such  company  shall,  whenever 
required,  furnish  to  the  legislature,  or  either  branch  thereof,  a  full 
and  authentic  report  of  their  affairs  and  transactions,  or  such  infor- 
mation relating  thereto  as  may  be  demanded  of  them. 
Public  high-  Section  18.  That  upon  the  completion  of  any  railroad  authorized 

as  aforesaid,  the  same  shall  be  esteemed  a  public  highway  for  the 
conveyance  of  passengers  and  the  transportation  of  freight,  subject 
to  such  rules  and  regulations,  in  relation  to  the  same,  and  to  the  size 
and  construction  of  wheels,  cars  and  carriages,  the  weight  of  loads, 
and  all  other  matters  and  things  connected  with  the  use  of  said  rail- 
road as  the  president  and  directors  may  prescribe  and  direct:  Pro- 


ways. 


PENNSYLVANIA  GENERAL  RAILROAD  ACT.  89 

tided,  That  the  said  company  shall  have  the  exclusive  control  of  proviso, 
the  motive  power,  and  may  from  time  to  time  establish,  demand  and 
receive  such  rates  of  toll,  or  other  compensation,  for  the  use  of  such 
road,  and  of  said  motive  power,  and  for  the  conveyance  of  passen- 
gers, the  transportation  of  merchandise  and  commodities,  and  the 
cars  or  other  vehicles  containing  the  same,  or  otherwise  passing  over 
or  on  the  said  railroad,  as  to  the  president  and  directors  shall  seem 
reasonable :  Provided,  however,  nevertheless,  That  said  rates  of  toll  Proviso, 
and  motive  power  charges  so  to  be  established,  demanded  or  received, 
when  the  cars  used  for  such  conveyance  or  transportation  are 
owned  or  furnished  by  others,  shall  not  exceed  two  and  one  half  Toil, 
cents  per  mile  for  each  passenger,  three  cents  per  mile  for  each  ton 
of  two  thousands  pounds  of  freight,  three  cents  per  mile  for  each 
passenger  or  baggage  car,  and  two  cents  per  mile  for  each  burden  or 
freight  car,  every  four  wheels  being  computed  a  car;  and  in  the 
transportation  of  passengers  no  charge  shall  be  made  to  exceed  three 
cents  per  mile  for  through  passengers,  and  three  and  a  half  cents 
per  mile  for  way  passengers. 

Section  19.  That  if  any  company  incorporated  as  aforesaid,  shall  Commencement 

,  .  p  ,..,.,.     and  completion 

not  commence  the  construction  01  their  proposed  railroad  within  of  road, 
three  years,  and  complete  and  open  the  same  for  use,  with  at  least 
one  track,  within  the  term  prescribed  by  the  special  act  authorizing 
the  same,  or  if,  after  completion,  the  said  railroad  shall  be  suffered 
to  go  into  decay,  and  be  impassable  for  the  term  of  two  years,  then 
this  charter  shall  be  null  and  void,  except  so  far  as  to  compel  the 
said  company  to  make  reparation  for  damages. 

Section  20.  That  if  any  company  incorporated  as  aforesaid  shall  Reservation, 
at  any  time  misuse  or  abuse  any  of  the  privileges  granted  by  this 
act,  or  by  the  special  act  of  incorporation,  the  legislature  may 
revoke  all  and  singular  the  rights  and  privileges  so  granted  to  such 
company;  and  the  legislature  hereby  reserves  the  power  to  resume, 
alter  or  amend  any  charter  granted  under  this  act,  and  take  for 
public  use  any  road  constructed  in  pursuance  of  such  charter  : 
Provided,  That  in  resuming,  altering  or  amending  said  charters,  no  Proviso. 
injustice  shall  be  done  to  the  corporators;  and  that  in  taking  such 
roads  for  public  use,  full  compensation  shall  be  made  to  the  stock- 
holders. 

Approved  February  19th,  1849. 


OEDIISr^NCES 


AFFECTING    THE    COMPANY. 


ORDINANCES 


CITY  OF  PHILADELPHIA 


AN  ORDINANCE 

PROVIDING  FOR  A  SUPERINTENDENT  OF  THE  RAILROAD  ALONG 
HIGH,  THIRD  AND  DOCK  STREETS,  AND  REGULATING  THE 
TRAVELING  THEREON,  AND  FOR  THE  BETTER  REGULATION 
OF  THE  TRAVELING  UPON  THE  RAILROAD  IN  BROAD  STREET. 

Section  1.  [Provided  for  the  appointment  of  a  superintendent  Supplied. 
of  the  railroad  along  High,  Third  and  Dock  streets,]  whose  duty  it  Duties  of  super- 
shall  be  to  receive  all  tolls  (not  otherwise  provided  for)  which  may 
he  chargeable  for  traveling  on  said  road,  and  pay  the  same  weekly 
into  the  city  treasury;  he  shall  also  attend  to  keeping  the  said  road 
clean  and  in  good  traveling  order,  attend  to  any  repairs  which  may 
be  necessary,  and  perform  such  other  duties  as  may  be  enjoined 
upon  him,  either  by  ordinance,  or  the  committee  on  public  high- 
ways.    [Rest  of  section  supplied.] 

Section  2.  That  owners  or  agents  of  cars  or  other  vehicles  may  Toils,  bow  to  be 
have  the  privilege  of  contracting  for  traveling  on  said  railroad,  and 
also  on  the  railroad  on  Broad  street,  by  the  quarter,  payable  in 
advance  to  the  [city  commissioners*] ;  all  tolls  to  be  charged  at 
the  same  rates  as  those  charged  on  the  Columbia  Railroad. 

Section  3.  [Repealed.] 

Section  4.  That  it  shall  not  be  lawful  for  any  person  or  persons  Penalty  f>r  ob- 
to  unload  any  car  or  other  vehicle  on  said  railroad,  or  drive  any  cart,  road, 
wagon  or  other  vehicle,  except  railroad  cars,  along  said  road,  or 
occupy  the  same,  or  obstruct  in  any  manner  the  traveling  of  cars 
thereon,  or  allow  any  car  or  cars  not  in  actual  service  to  remain  on 
any  part  of  said  road,  under  the  penalty  of  five  dollars  for  each 
offence,  to  be  recovered  in  manner  as  hereinbefore  mentioned. 


*  Chief  Commissioner  of  Highways, 


94  ORDINANCES  OF  THE  CITY  OF  PHILADELPHIA. 


Cars  to  be  regis-      Section  5.  That  it  shall  not  be  lawful  for  any  person  or  persons 

tered  and  num-  ,  ,  .   .  .  ,  ,  , 

bered.  to  use  any  car  or  cars  or  other  vehicles  upon  said  road,  or  upon  the 

railroad  in  Broad  street,  designed  or  employed  for  the  conveyance 
of  passengers,  without  having  the  owners'  or  agents'  names  thereof 
first  registered  in  the  office  of  the  city  commissioners,  and  a  num- 
ber assigned  to  each  car  or  vehicle,  and  the  number  so  assigned  to 
be  legibly  affixed  on  each  side  of  the  body  of  the  car  or  vehicle, 
under  a  penalty  of  five  dollars  for  each  offence,  to  be  recovered  in 
manner  as  hereinbefore  mentioned. 
Bells  to  be  at-  Section  6.  That  it  shall  be  the  duty  of  the  owners  or  agents  of 
undJrapeuaity!  cars  or  other  vehicles,  to  have  attached  to  the  horses  or  other  ani- 
mals, while  drawing  cars  upon  said  road,  and  also  upon  the  said 
railroad  in  Broad  street,  a  suitable  bell  or  bells,  under  a  penalty  of 
five  dollars  for  each  offence,  to  be  recovered  as  hereinbefore  men- 
tioned. 
Regulating  the  Section  7.  That  it  shall  be  the  duty  of  the  [city  commission- 
ing. ersj]  under  the  direction  of  the  committee  on  public  highways,  to 
regulate  the  time  not  otherwise  provided  for,  for  traveling  the  rail- 
road along  Third  and  High  streets,  from  Bock  to  Eighth  street; 
such  regulations  shall  be  published  by  the  president  of  the  Board  of 
city  commissioners,  in  at  least  two  daily  papers  published  in  the 
city  of  Philadelphia,  immediately  after  they  shall  have  been  made, 
or  whenever  after  they  may  be  altered,  and  any  violation  of  any  such 
regulation  shall  subject  the  offender  to  a  penalty  of  five  dollars  for 
each  offence,  to  be  recovered  as  hereinbefore  mentioned. 

Passed  January  11/7*,  1838. 


A  SUPPLEMENT 

TO  AN  ORDINANCE  PROVIDING  FOR  A  SUPERINTENDENT  OF  THE 
RAILROAD  ALONG  HIGH,  THIRD  AND  DOCK  STREETS,  AND 
REGULATING  THE  TRAVEL  THEREON. 

Section  1.  That  every  car  or  other  vehicle  used  on  said  road 
hawn^ami'bv  SDa^  be  drawn  by  animal  power,  at  a  rate  not  exceeding  a  walk, 
what  power.  under  a  penalty  of  five  dollars  for  each  offence;  and  at  no  time  shall 
they  be  drawn  or  propelled  by  steam,  under  a  penalty  of  fifty  dollars 
for  each  offence;  said  penalties  to  be  sued  for  and  recovered  in  the 
same  manner  as  debts  under  one  hundred  dollars  are  by  law  reco- 
verable. Passed  March  1st,  1838. 


At  what  rate 
cars  are  t<i  lie 


ORDINANCES  OF  THE  CITY  OF  PHILADELPHIA.  95 


AN  ORDINANCE 


TO  PROVIDE  FOR  THE  COLLECTION  OF  TOLLS  ON  MERCHANDISE 
AND  MERCHANDISE  CARS,  USING  THE  RAILROAD  ON  BROAD, 
HIGH,  THIRD  AND  DOCK  STREETS. 


Section  1.  That  from  and  after  the  first  day  of  November,  1840,  Toils  to  be  col- 
lected on  citj 

railroad  aftci 
Nov.  1,  1840. 


all  merchandise  and  merchandise  cars  shall  be  charged  for  the  use  railroad  after 


of  the  railroad  in  Broad,  High,  Third  and  Dock  streets,  the  same 
rate  of  toll  as  is  now  charged  on  the  Columbia  railroad,  the  said  toll  Rate  of  toils. 
to  be  collected  in  such  manner  as  shall  be  designated  by  the  com- 
mittee on  public  highways. 

Section  2.  That  the  owners  or  agents  of  merchandise  or  mer- Owners  of  cars 

,,.  ,  ,  ...  „  -pi  may  contract  fur 

cnandise  cars  may  have  the  privilege  of  contracting  for  the  use  of  use  of  road, 
the  said  road  with  the  committee  on  public  highways. 

Section  3.  That  so  much  of  any  ordinance  as  is  inconsistent  Repeal, 
herewith,  be  and  the  same  is  hereby  repealed. 

Fassed  Sept.  1Uh,  1840. 


AN  ORDINANCE 

TO  PROVIDE  FOR  THE  COLLECTION  OF  TOLLS  ON  THE  RAILROAD 
ON  BROAD,  HIGH,  THIRD  AND  DOCK  STREETS,  AND  TO  REGU- 
LATE THE  TRAVEL  THEREON. 

Section  1.  That  the  owner  or  owners,  agent  or  agents,  of  cars  Owners  to  de- 

liver  certifi- 

travehng  on  the  railroad  in  Broad,  High,  Third  and  Dock  streets, cates- 
shall  deliver  to  the  superintendent  of  the  said  railroad  a  certificate 
of  the  contents  of  each  car,  and  the  number  of  passengers  conveyed 
therein,  and  the  distance  the  same  have  been  conveyed  on  said  rail- 
road; and  the  said  owner  or  agent  shall  pay  toll  for  the  same,  to  the  Rate  of  toil, 
said  superintendent,  for  the  use  of  the  city,  at  the  same  rate  as  may 
be  arranged  at  the  time  on  the  Pennsylvania  railroad,  [and  all  dis- 
tances under  half  a  mile  shall  be  charged  as  half  a  mile,  and  all 
distances  over  half  a  mile  and  under  one  mile,  shall  be  charged  as 


96  ORDINANCES  OF  THE  CITY  OF  PHILADELPHIA. 


Proviso.  one  mile  :*]  Provided,  That  the  owners  of  cars  or  merchandise  may 

contract  as  heretofore  for  the  use  of  said  road. 

Penalty.  Section  2.  That  if  any  owner  or  owners,  agent  or  agents,  as 

aforesaid,  shall  refuse  or  neglect  to  deliver  the  certificate  before 
mentioned,  he,  she  or  they  shall  forfeit  and  pay  for  every  such  ne- 
glect the  sum  of  three  dollars,  to  be  recovered  in  the  same  manner  a3 
penalties  for  the  violation  of  the  ordinances  of  the  city  of  Philadel- 
phia are  now  by  law  recoverable. 

Cars  to  be  pro-       Section  3.    That  every  car  traveling  on  said  railroad  shall  be 

brakes.  provided  with  a  suitable  brake,  and  in  default  thereof  the  owner, 

agent,  or  person  having  charge  of  such  car,  shall  forfeit  and  pay  the 
sum  of  three  dollars,  to  be  recovered  in  the  manner  hereinbefore 
mentioned. 

Passed  Nov.  11th,  1842. 


AX  ORDINANCE 

FOR  THE  CONSTRUCTION  OF  A  RAILROAD  FROM  THE  FOOT  OF 
HIGH  STREET,  ON  THE  WEST  SIDE  OF  THE  RIVER  SCHUYLKILL, 
TO  CONNECT  WITH  THE  RAILROAD  ON  BROAD  STREET. 

Construction  of       Section  1.  That  the  committee  on  city  property  be  authorized 

railroad  in 

High  st..  from    and  directed  to  cause  to  be  constructed  a  railroad  to  connect  with 

west  side  of  . 

brid-e  to  Broad  the  railroad  about  to  be  constructed  on  the  west  side  of  the  river 

St.,  authorized. 

Schuylkill,  to  avoid  the  inclined  plane  on  the  Columbia  railroad, 
and  continue  the  same  across  the  permanent  bridge,  and  along  High 
street,  within  the  city  of  Philadelphia,  eastwardly,  until  it  intersects 
the  railroad  in  Broad  street. 
[Sections  2  and  3  temporary  ] 

Passed  August  2d,  1849. 


*  Altered  by  Act  of  May  13,  185C,  sec.  41,  ante,  p.  GO. 


ORDINANCES  OF  THE  CITY  OF  PHILADELPHIA.  97 


A  SUPPLEMENT 

TO  AN  ORDINANCE  PASSED  THE  24TII  DAY  OF  NOVEMBER,  1842, 
ENTITLED  "AN  ORDINANCE  TO  PROVIDE  FOR  THE  COLLECTION 
OF  TOLLS  ON  THE  RAILROAD  IN  BROAD,  HIGH,  THIRD  AND 
DOCK  STREETS,  AND  TO  REGULATE  TRAVEL  THEREON." 

Section  1.  That  the  same  rate  of  toll  shall  be  charged  for  the  Bateoftoiitoje 

°  cliurgi'il  tor  the 

use  of  the  railroad  in  High  street,  west  of  Broad,  as  is  by  the  ordi-  "8e°f  tberafl- 
o  J  i  j  toaa  west  of 

nance  to  which  this  is  a  supplement  charged  for  the  use  of  railroads  Bl0iul  street. 

therein   mentioned,  [except  that,  in  the  computation  of  tolls,  the  ^p^edasone 

railroad  on  the  bridge  over  the  Schuylkill  at  High  street  shall  be  mileJ 

considered  as  one  mile,]*  and  the  provisions  in  the  said  ordinance 

contained,  in  relation  to  the  duties  of  the  owner  or  owners,  agent  or 

agents,  of  cars  traveling  on  the  railroads  therein  mentioned,  shall 

be  applied  to  the  railroad  herein  mentioned:  Provided,  That  the  Owners  of  cars 

1  r  ,      maycotitriictfor 

owners  of  cars  and  merchandise  may  contract  for  the  use  of  said  use  of  road, 
road. 

Section  2.  That  no  car  shall  be  permitted  to  pass  on  said  road,  No  car  to  pass 

1  _  over  the  bridge 

over  said  bridge,  without  a  permit  from  the  superintendent  of  the  without  permit, 
railroad,  which  permit  the  said  superintendent  is  hereby  required  to 
deliver  to  the  person  having  charge  of  such  car,  whenever  the  toll 
for  the  use  of  said  road  by  such  car  shall  have  been  paid. 

Section  3.  That  if  any  car  shall  pass  over  said  bridge  without 
such  permit,  the  owner  or  owners,  agent  or  agents,  or  persons  hav- 
ing charge  thereof,  shall  forfeit  and  pay  the  sum  of  five  dollars :  fe™n>\ for  Tio" 

e  o  >  r    J  '  lation  thereof. 

and  if  passage  over  the  said  bridge  is  refused  for  want  of  said  per- 
mit, then  if  the  said  car  shall  hinder  or  obstruct  the  passage  of 
other  cars  over  the  said  bridge,  or  on  the  said  railroad  in  High 
street  west  of  Broad,  the  owner  or  owners,  agent  or  agents,  or  per- 
son having  charge  of  such  car,  shall  forfeit  and  pay  the  sum  of  five 
dollars,  the  said  penalties  to  be  sued  for  and  recovered  in  the  man- 
ner that  penalties  for  violation  of  ordinances  are  by  law  sued  for  and 

recoverable. 

Passed  January  lQtJi,  1851. 


*  Altered  by  Act  of  March.  13,  1856,  sec.  41,  ante,  page  GO. 
7 


93  ORDINANCES   OF   THE    CITY   OF   PHILADELPHIA. 


AN  ORDINANCE 

TO  PROVIDE  FOR  THE  REGULATION  OF  TURN-OUTS  FROM  THE 
CITY  RAILROAD. 

Committee  on         Sect.  1.     That  the  committee  on  public  highways  be  and  tbey 

public  highways  _      #  c  J  J 

to  authorize  aii   are  hereby  authorized  to  grant  permission  to  persons  or  companies 

turn-outs  on  city  J  . 

railroads.  owning  or  occupying   property  situated  upon   the   street   through 

■which  the  railroads  belonging  to  the  city  are  laid,  to  attach  turn- 
outs or  bolting-tracks  thereto,  said  turn-outs  or  bolting  tracks  to  be 
laid  in  such  manner  as  to  conform  to  the  established  heighths  and 
levels  of  the  streets  in  which  they  may  be  placed ;  and  such  per- 
mission shall  be  in  writing  and  shall  be  subject  to  the  provisions  of 
this  and  all  other  ordinances  relating  to  the  railroad  in  the  city  of 
Philadelphia. 

To  establish  Sect.  2.     That  it  shall  be  lawful  for  the  committee  on  public 

regulations.  .  .  . 

highways,  from  time  to  time,  to  make,  establish  and  put  in  force, 
such  rules,  regulations  and  restrictions,  in  relation  to  such  turn-outs 
or  bolting-tracks,  their  construction  and  materials,  and  the  repair- 
in^  thereof,  as  to  the  said  committee  shall  seem  fit  and  proper; 
and  no  turn-out,  bolting-track,  or  other  fixture  shall  be  attached  to 
the  said  railroad,  or  laid  over  or  on  any  street,  or  be  considered  as  re- 
paired, unless  the  same  shall  conform  in  every  particular  to  the 
rules  and  regulations  so  adopted. 
To  be  repaired  Sect.  3.  That  all  such  turn-outs,  bolting-tracks  or  other  fix- 
of  Buperinten-    tures,  shall  be  laid  or  repaired  under  the  direction  and  inspection  of 

dent  of  city  rail-  .  .,  .  -  ._ 

road.  the  superintendent  of  the  city  railroad ;  and  it  any  person  or  per- 

sons shall  construct,  lay  down  or  repair  any  turn-out,  bolting-track 
or  other  fixture,  contrary  to  the  provisions  of  this  ordinance,  or  of 
any  regulation  adopted  by  the  committee  on  public  highways,  the 
person  or  persons  so  offending  shall  forfeit  and  pay  the  sum  of 
twenty  dollars,  to  be  sued  for  and  recovered  in  the  manner  that 
penalties  for  the  breach  of  ordinances  are  by  law  recoverable,  and 
in  addition  thereto,  such  turn-out,  bolting-track  or  other  fixture  shall 
be  forthwith  removed. 

Penalty  for  Sect.  4.     That  if  any  turn-out,  bolting-track,  switch,  turning- 

neglect  to  re-  i'ii 

pair.  platform  or  other  fixture,  shall  be  out  of  order  and  repair,  and  the 

owner  or  person  having  charge  thereof,  shall  refuse  or  neglect  to 

repair  or  put  the  same  in  good  order,  after  five  days'  notice  from  the 

superintendent  of  the  city  railroad,  the  same  shall  be  taken  up  and 


ORDINANCES   OF   TIIE   CITY   OF   PHILADELPHIA.  99 

removed,  under  the  direction  of  the  committee  on  public  highways, 
and  the  owner  or  person  having  charge  of  such  turn-out,  bolting- 
track,  switch,  turning-platform  or  other  fixture,  shall  also  forfeit  and 
pay  the  sum  of  twenty  dollars,  to  be  sued  for  and  recovered  in  the 
manner  that  penalties  for  the  breach  of  ordinances  are  by  law  reco- 
verable ;  Provided,  that  the  turn-out,  bolting-track,  switch,  turning-  Proviso, 
platform,  or  fixture,  after  being  removed,  shall  not  be  replaced 
unless  by  permission  of  the  committee  on  public  highways,  nor 
until  all  the  expenses  of  such  removal  shall  first  be  paid. 

Sect.  5.     That  the  person  or  persons  to  whom  permission  shall  Ten  dollars  to 
be  granted  to  attach  any  turn-out,  bolting-track,  or  other  fixture  to  privilege. 
the  city  railroad,  as  is  herein  provided,  shall,  before  receiving  the 
same,  pay  to  [City  Clerk,]*  for  the  use  of  the  city,  the  sum  of  ten 
dollars. 

Sect.  6.     That  so  much  of  any  ordinance  as  is  inconsistent  here-  Repealing 
with  be  and  the  same  is  hereby  repealed. 

Passed  April  2ith,  1851. 


AN  ORDINANCE 

TO  REGULATE  THE  PASSAGE  OF  CARS  OVER  THE  RAILROADS 
IN  THE  CITY  OF  PHILADELPHIA. 

Sect.  1.     That  all  cars  or  trains  of  cars  passing  along  the  rail-  passage  of  cars 
road  in  the  city  of  Philadelphia,  or  along  the  railroad  on  the  bridge  road  in  city 
at  the  end  of  High  street,  over  the  river  Schuylkill,  shall  be  drawn  regl 
as  herein  set  forth,  namely  : 

Every  single  loaded  car,  resting  on  a  truck,  having  four  wheels 
and  no  more,  shall  be  drawn  by  at  least  one  horse  or  two  mules. 

Every  train  of  loaded  cars  resting  upon  trucks,  having  in  the 
whole  eight  wheels,  and  no  more,  by  at  least  three  horses  or  three 
mules. 

Every  train  of  loaded  cars  resting  upon  trucks,  having  in  the 
whole  twelve  wheels,  and  no  more,  by  at  least  three  horses  or  four 
mules. 


•Chief  Commissioner  of  Highways. 


100  ORDINANCES  OF  THE  CITY  OF  PHILADELPHIA. 

Every  train  of  loaded  cars,  resting  upon  trucks  having  in  the 
whole  sixteen  wheels,  and  no  more,  by  at  least  four  horses  or  six 
mules. 

Every  train  of  loaded  cars,  resting  upon  trucks  having  in  the 
whole  twenty  wheels,  and  no  more,  by  at  least  five  horses  or  seven 
mules. 

Every  two  trucks  of  eight  wheels  each,  carrying  section-boats, 
loaded  or  unloaded,  by  five  horses  or  seven  mules. 

Every  train  of  empty  cars,  resting  upon  trucks  having  twelve 
wheels,  and  no  more,  shall  be  drawn  by  at  least  two  horses  or  three 
mules. 

Every  train  of  empty  cars,  resting  upon  trucks  having  twenty- 
four  wheels,  and  no  more,  by  three  horses  or  five  mules. 

Every  train  of  empty  cars,  resting  upon  trucks  having  thirty-two 
wheels,  and  no  more,  by  four  horses  or  six  mules. 

Every  train  of  empty  cars,  resting  upon  trucks  having  forty  wheels, 
and  no  more,  by  five  horses  or  seven  mules. 
Penalty.  Section  2.  That  if  any  car  or  train  of  cars,  or  trucks  carrying 

section  boats,  shall  be  drawn  on  said  railroads  with  a  less  number 
of  horses  or  mules  than  is  hereinbefore  mentioned,  the  owner  or 
owners,  agent  or  agents,  of  every  such  car  or  truck,  and  the  owner 
or  owners,  driver  or  drivers  of  such  horses  or  mules,  shall  each  be 
liable  to  forfeit  and  pay  the  sum  of  five  dollars  for  each  offence, 
which  shall  be  sued  for  and  recovered,  in  the  manner  that  penalties 
for  the  violation  of  ordinances  are  by  law  sued  for  and  recovered. 

Passed  February  Qth,  1852. 


A  RESOLUTION 

AUTHORIZING  THE  PENNSYLVANIA  RAILROAD  COMPANY  TO  RE- 
PAIR AND  RELAY  THE  TRACK  OF  THE  CITY  RAILROAD,  EAST  OF 
EIGHTH  STREET. 

Co  may  repair       Resolved,  That  the  Pennsylvania  Eailroad  Company  be  and  they 

such  parts  of  '  «  *        ^  ^ 

€it't  ^  Eihth*  are  nereDy  authorized  to  repair  and  relay  such  parts  of  the  track  of 
he  re*  uired^  tm3  city  railroad,  east  of  Eighth  street,  as  may  be  required:  Pro- 
Proviso  vided,  The  whole  cost  and  expense  of  the  same  shall  be  deducted 
from  the  tolls  accruing  on  said  road,  from  sail  Pennsylvania  Railroad 
Proviso  Company,  up  to  July  first,  eighteen  hundred  and  fifty-seven,  agree- 


ORDINANCES  OF  THE  CITY  OF  PHILADELPHIA,  101 


ably  to  their  proposition:  Provided,  That  the  city  of  Philadelphia  proviso, 
shall  not,  in  any  event,  be  liable  for  any  debt  incurred  for  such 
repairs :  Provided,  That  the  relaying  of  the  track  and  the  repairs, 
shall  be  such  as  in  the  judgment  of  the  Chief  Engineer  and  Surveyor 
of  the  city  shall  be  necessary,  and  that  the  same  shall  be  done  under 
his  supervision. 

Adopted  January  od,  185G. 


A  RESOLUTION 

AUTHORIZING  THE  MAYOR  TO  VOTE   IN  FAVOR   OF  APPROVAL 
OF  THE  PURCHASE  OF  THE  MAIN  LINE. 

Resolved,  That  the  Mayor  of  the  city  be  and  he  is  hereby  autho-  Mayor  autho- 

ii'  i  ii  i  •  •/>!  i    rized  to  vote 

rized  and  requested  to  attend  the  approaching  meeting  of  the  stock-  for  purchase  of 

holders  of  the  Pennsylvania  Railroad  Company,  and  vote  upon  the 

shares  of  stock  in  said  company,  held  by  the  city ;  to  ratify  and 

approve  the  purchase  by  the  said  company,  of  the  main  line  of  the 

public  works  of  the  State. 

Approved  July  3d,  1857. 


main  line. 


AN  ORDINANCE 

TO  AUTHORIZE  THE   WIDENING  OF   THE   SPACE   BETWEEN  THE 
TRACKS  IN  THE  CITY  RAILROAD. 

Section  1.    That  the  Pennsylvania  Railroad  Company  be  and  Company  may 

,.,  -11  i  in  wil^en  space  he- 

is  hereby  authorized   to  widen   the   space   between   the   tracks   of  tween  tracks  of 
the  city  railroad,  on  Market  street,  east  of  Broad  street,  and  at  Market  street, 

•  »    -r,         ■.  .  to  conform  to 

such  points  west  ot   broad  street,  as  may  be  necessary   to  make  their  track,  on 

i  i  .  ,  t->  certain  terms. 

the  same  conform  to  the  space  between  the  tracks  of  the  said  Penn- 
sylvania Railroad;  and  that  said  company  be  allowed  to  withhold 
in  payment  of  their  tolls,  one-half  the  cost  of  said  alteration,  or  a 
sum  equal  to  one-half:  Provided,  That  the  said  alterations  and  Proviso, 
repairs  shall  be  made  according  to  the  plan,  and  agreeably  to  the 
directions  of  the  Chief  Engineer  and  Surveyor  of  Philadelphia. 

Approved  December  21d,  1857. 


ORDINANCES 


CITY  OF  PITTSBURGH 


AN  ORDINANCE 

GRANTING  CERTAIN  PRIVILEGES  TO  THE  PENNSYLVANIA  RAIL- 
ROAD COMPANY. 

Preamble.  Whereas,  A  convention  of  the  citizens  of  Allegheny  county, 

assembled  on  the  81st  day  of  May,  1848,  upon  the  call  of  the  com- 
missioners of  said  county,  to  advise  with  them  on  the  propriety  of 
subscribing  to  stock  in  the  Pennsylvania  Railroad  Company :  and 
whereas,  The  said  convention  did  advise  the  said  commissioners  to 
subscribe  for  twenty  thousand  shares  of  said  railroad  stock :  And 
whereas,  The  said  county  convention  did  advise  the  said  county  com- 
missioners to  impose  a  condition  to  said  subscription,  to  wit :  That 
the  said  company  shall  finally  establish  the  terminus  of  their  road 
within  the  limits  of  the  city  of  Pittsburgh.  Therefore,  Fully  acqui- 
escing in  the  views  of  the  convention  as  to  the  importance  to  the 
trade  and  prosperity  of  the  city  of  Pittsburgh,  that  the  terminus  of 
said  road  should  be  located  within  its  limits  and  at  a  point  conve- 
nient for  its  shipping  interests,  and  that  every  facility  ought  to  be 
given  to  said  company  in  the  location  and  access  to  their  depot,  not 
only  as  it  regards  the  convenient  use  of  said  road  to  the  commercial 
and  manufacturing  interests,  but  in  view  of  the  fact  that  the  city  of 
Pittsburgh  has  become,  by  the  act  of  the  county  commissioners,  a 
partner  and  interested  in  the  success  and  profit  to  be  derived  there- 
from :  TJierefore, 
Privilege  to  lay]  Section  1.  That  the  right  is  hereby  granted  to  the  Pennsylvania 
through  certain  Railroad  Company  to  enter  and  lay  down  rails  through  the  streets 
of  said  city,  to  wit :  along  Ferguson  street  to  a  convenient  point,  to 
curve  into  Liberty  street,  thence  down  Liberty  street  to  the  river, 


ORDINANCES  OF  THE   CITY  OF  PITTSBURf.'If.  103 


and  that  the  said  company  shall  have  the  privilege  to  traverse  said  Carsandma- 
1  °  chinery  may 

streets  with  their  cars  and  machinery  :  Provided,  That  after  passing  pass- 

the  curve  aforesaid  it  shall  not  be  competent  for  said  company  to 

exceed  at  any  time  a  speed  of  four  miles  an  hour,  under  such  penal-  Noi  I «*ed 

J  *  x  four  miles  an 

ties  as  may  hereafter  be  ordained  and  enacted   by  couueils  :  Pro-  hour. 

vided,  also,  That  the  said  company  shall  at  all  times  hereafter  be  „eni        .   . 

'  l        J  Company  to  be 

subject  to  such  rules  and  regulations  as  may  be  found  necessary  for  Mll,i"'u'"".r 

•'  °  •>  J  tain  regulations. 

the  further  protection  and  security  of  the  persons  and  property  of 
the  citizens  of  said  city. 

Section  2.  That  for  the  construction  of  a  depot  to  accommodate  Groundforade- 

i  i  p      i  p    ti-        ii  i    p  •  i         -l  t     l"j|  "''anted. 

the  trade  of  the  city  ot  Pittsburgh,  upon  and  from  said  railroad, 
that  there  be  granted,  and  the  said  authorities  do  hereby  grant  to 
the  Pennsylvania  Railroad  Company,  for  so  long  as  the  said  depot 
may  be  required  by  the  said  Pennsylvania  Railroad  Company,  the 
use  of  sufficient  ground  on  the  levee  or  water  front  of  the  city,  upon 
which  the  said  company  may  construct  the  necessary  buildings,  Company  may 

,  .  .  .,  ].         construct  build- 

beginning  at  the  point  opposite  the  corner  of  Liberty  street,  extending  ings. 

at  right  angles  with  Water  street,  thence  to  low  water  mark,  and 

thence  to  the  Allegheny  river,  at  a  rent  of  S3, 000  per  annum,  or  in  Rent  $3,000  per 

.  -ii  annum. 

the  same  proportion  for  any  less  quantity  that  the  company  may 

occupy  and  use,  the  rent  to  begin  to  accrue  at  and  from   the  occu-  when  rent  to 

pation  of  the  building :  Provided,   That  the   said  company   shall 

cause  Water  street  to  be  laid  out  at  least  sixty  feet  in  width  from  water  street  to 

the  north  side  of  said  depot,  and  that  the  river  side  and  ends  of  said  width. 

depot  shall  be  founded  on  piers,  so  that  free  access   to  said  levee 

shall   at  all  times  be  unobstructed  by  foundation  wails,  and  kept 

open  for  public  use,  and  that  the  right  to  have  a  passage  at  least  Passage  of  thir- 

.  ...  .  ty  feet  opposite 

thirty  feet  in  width  opposite  Penn  street,  through  and  by  which  car-  Penn  street, 
riages,  wagons,  drays  and  other  vehicles  may  have  free  access  be- 
tween said  Penn  street  and  the  river,  shall  be  reserved  :  Provided, 
also,  That  the  occupancy  of  said  ground  by  said  company  shall  not 
interfere  with  the  right  of  the  officers  of  said  city  to  collect  wharfage  Wharfage  to  be 

coll{*ct('(l  by  citv 

on  said  levee,  as  though  such  depot  had  not  been  erected  thereon  :  officers. 
Provided,  also,  That  the  said  company  shall  not  at  any  time  here-  company  not  to 

.be  forwarding. 

after,  either  by  themselves  or  their  agents,  engage  in  the  business 
of  forwarding  merchants. 

Section  3.  That  so  much  of  any  ordinance  as  is  hereby  altered  Repealing 
or  supplied,  be  and  the  same  is  hereby  repealed. 

Ordained  and  enacted  into  a  law  in  Councils  this  15th  day  of 
June,  A.  D.  1848. 

Recorded  July  10th,  A.  D.  1848,  in  Book  A.,  p  40G. 


104  ORDINANCES  OF  THE  CITY  OF  PITTSBURGH. 


AN  ORDINANCE 

SUPPLEMENTARY  TO  "  AN  ORDINANCE  GRANTING  CERTAIN  PRI- 
VILEGES TO  THE  PENNSYLVANIA  RAILROAD  COMPANY," 
PASSED  15TH  DAY  OF  JUNE,  A.  D.  1848. 

Penna.  r,  R.  Whereas,  It  has  been  discovered  tbat  an  omission  was  made  in 

transcribing  tbe  ordinance  entitled  "An  ordinance  granting  certain 
privileges  to  tbe  Pennsylvania  Railroad  Company,"  as  recorded ; 
therefore,  Be  it  ordained,  &c. : 
instructions  to  Section  1.  That  tbe  Clerks  of  Councils  be,  and  tbey  are  bereby 
nance  correctly,  authorized  and  instructed,  to  bave  an  ordinance  entitled  "  An  ordi- 
nance granting  certain  privileges  to  tbe  Pennsylvania  Railroad  Com- 
pany," passed  tbe  16th  day  of  June,  A.  D.  1848,  correctly  recorded, 
so  that  the  latter  clause  of  the  second  section  may  read  as  follows : 
"  At  a  rent  of  three  thousand  dollars  ($3,000)  per  annum  for  nine 
hundred  feet,  (900  feet)  or  in  the  same  proportion  for  less  quantity 
that  the  company  may  use." 

Ordained  and  enacted  into  a  law  in  Councils  this  5th  day  of 
January,  A.  D.  1849. 

Recorded  January  24th,  A.  D.  1849,  in  Book  A.,  p.  427. 


AN  ORDINANCE 

GRANTING   CERTAIN   TEMPORARY   PRIVILEGES    TO    THE   PENN- 
SYLVANIA RAILROAD  COMPANY. 

The  privilege  of  Section  1.  That  the  right  is  hereby  granted  to  tbe  Pennsylvania 
west^treSfand  Railroad  Company  to  enter  on  and  lay  down  a  track  of  rails  through 
!'i  to  Pa!  ilk!*"  West  street,  from  Liberty  street  to  tbe  Monongahela  wharf,  and  from 

West  street  along  said  wharf  to  the  western  line  of  Ferry  street; 

the  said  track  not  to  be  laid  on  Water  street  except  where  it  enters 

from  that  street. 
Permission  Section  2.  Said  company  are  hereby  authorized  to  erect  on  said 

ijJco.  to  erect '  wharf  a  frame  shed  or  building,  which  may  extend  from  West  street 
hJonetheild"  t0  the  western  line  of  Ferry  street,  and  from  Water  street  (GO  feet 
wharf;  -n  wi(jtn^  t0  iow  water  mark;  which  shed  is  to  be  used  for  the 


ORDINANCES  OF  THE  CITY  OF  PITTSBURGH.  105 

reception  and  discharge  of  freight  by  steamboat  or  railroad,  or  other 
conveyances.     Provided,  That  said  company  shall  not  engage  in  Proviso, 
the  forwarding  business,  and  the  privileges  hereby  granted  shall  not 
extend  for  a  longer  period  than  two  yews  from  the  date  of  the  pas- 
sage of  this  ordinance. 

Section  8.  Said  company,  for  the  privileges  hereby  granted,  Conditions, 
shall  pay  or  cause  to  be  paid  into  the  treasury  of  the  city,  semi- 
annually, at  the  rate  of  three  thousand  dollars  per  annum,  for  900 
feet  in  length,  (measured  on  the  line  of  Water  street,)  or  in  the  same 
proportion  for  any  number  of  feet  that  the  company  may  occupy  within 
the  prescribed  limits,  the  rent  to  begin  to  accrue  at  and  from  the 
time  of  commencing  the  erection  of  the  shed,  and  to  terminate  when 
all  obstructions  shall  be  removed  from  off  said  portions  of  the 
wharf;  and  the  Pennsylvania  Railroad  Company  are  to  leave  West 
street,  Water  street,  and  the  Monongahela  wharf  in  as  good  repair 
as  at  the  passage  of  this  ordinance. 

Section  4.     Said  shed  or  building  shall  be  exempt  from  the  pen-  Building  to  be 

i,«  i  ••  /.,  -i.  ,      •  r  imt  exempt  from 

alties  and  provisions  of  the  ordinances  relating  to  frame  buildings,  the  usnai  penal- 
The  right  of  the  city  to  collect  wharfage  in  front  of  said  shed  or  sions. 
building  shall  not  be  impaired  by  anything  herein  contained. 

Ordained  and  enacted  into  a  law  in  Councils  this  8th  day  of 
September,  A.  D.  1852. 


AN  ORDINANCE 

FOR  VACATING  PARTS  OF  EIGHTH  STREET  AND  PLUMB  ALLEY, 
AND  SURRENDERING  THE  SAME  TO  THE  PENNSYLVANIA  RAIL- 
ROAD COMPANY. 

Section  1.  That  one  hundred  feet  of  Eighth  street,  and  one  Parts  of  Eighth 
hundred  feet  of  Plumb  alley,  running  from  Grant  street,  be  vacated  aiicy  surren- 
and  surrendered   to  the  Pennsylvania  Railroad  Company  on    the  Bylvania  Rail- 
following  conditions  : 

1st.  That  the  same  shall  be  used  and  occupied  for  the  purposes  of 
an  inner  passenger  depot  and  station,  and  not  otherwise. 

2d.  That  the  said  railroad  company  will  take  down  and  remove  all 
the  present  buildings  on  the  triangular  lot,  No.  — ;  and  will  not 


106  ORDINANCES  OF  THE  CITY  OF  PITTSBURGH. 


erect  any  house  thereon,  and  surrender  to  the  city  the  control  of  the 
same. 

out"  ail"y. t0  lay  3d<  Tbat  tlie  saicl  comPany  will  lay  out,  on  their  own  ground,  an 
alley  twenty  feet  wide,  extending  from  Seventh  to  Eighth  street, 
which  shall  be  used  by  the  public,  except  upon  the  arrival  or 
departure  of  railroad  cars,  when  it  may  be  necessary  temporarily  to 
close  the  same  for  the  purpose  of  avoiding  any  hindrance  and  inter- 
ruption to  their  business. 

Ordained  and  enacted  into  a  law  in  Councils  this  27th  day 
of  September,  A.  D.  1852. 


AN  ORDINANCE 

RELATIVE   TO   THE   VACATION    OF    CERTAIN   STREETS   IN   THE 
NINTH  WARD. 

Preamble.  Whereas,  By  the  third  section  of  an  act  of  assembly  passed  the 

23d  clay  of  April,  A.  D.  1852,  entitled  "  A  further  supplement  to 
an  act  to  incorporate  the  Pennsylvania  Railroad  Company,  Eighth 
street  and  Plumb  alley,  in  the  city  of  Pittsburgh,  and  all  other 
streets  extending  through  the  property  of  said  company,  are  vacated, 
and  the  title  thereto  vested  in  the  said  company ;  Provided,  The 
Councils  of  said  city  give  their  assent  thereto.  And  whereas,  the 
Pennsylvania  Ptailroad  Company  has  applied  for  the  assent  of  the 
Councils  to  the  vacation  of  certain  streets  in  the  Ninth  Ward  of  said 
city,  extending  through  the  depot  or  ground  of  said  company  ; 

Be  it  ordained  and  enacted  by  the  Select  and  Common  Councils 
of  the  city  of  Pittsburgh,  and  it  is  hereby  enacted  by  the  authority  of 

vacation  of  cer-  the  same,  That  the  assent  of  the  Councils  be  and  it  is  hereby  given 

tain  streets.  to  ^  vacation  0f  s0  much  of  Carroll,  Wilkins,  Baldwin,  Morris  and 
Bush  streets,  and  Sassafras  alley,  as  extend  through  the  grounds,  or 
is  held  or  used  by  said  company,  and  so  much  of  Furguson  street  as 
lies  between  a  point  on  said  street  550  feet  east  from  the  eastern 
line  of  Lumber  street  and  Morton  street,  so  long  as  the  Pennsylva- 
nia Bailroad  Company  use  the  same  for  railroad  purposes;  Pro- 

Proviso  vided,  That  no  injury  shall  be  done  to  the  interests  of  the  Western 

Pennsylvania  Hospital;  and  provided,  that  the  said  company  shall, 
at  its  own  cost,  when  the  public  convenience  may  require  it,  at  the 


ORDINANCES  OF  THE  CITY  OF  PITTSBURGH.  107 

request  and  under  the  direction  of  Councils,  cause  to  be  laid  out  and 
graded  along  the  south  line  of  the  southern  track  of  said  railroad, 
and  parallel  to  and  adjoining  therewith,  a  space  or  street  of  forty 
feet  in  width,  extending  the  length  of  that  part  of  Furguson  street 
vacated  and  connecting  therewith. 

Ordained  and  enacted  into  a  law  in  Councils   this  twenty- 
eighth  day  of  July,  A.  D.  1853. 

Recorded  August  16,  1853,  in  Ordinance  Book,  vol.  2,  p.  16. 


M  ORDINANCE 

TO  PROVIDE  FOR  THE  REGULATION  OF  TURN-OUTS,  SWITCHES, 
&c,  FROM  ANY  RAILROAD  WITHIN  THE  LIMITS  OF  THE  CITY. 

Section  1.  Be  it  ordained  and  enacted  by  the  citizens  of  Pitts- 
burgh, in  Select  and  Common  Councils  assembled,  That  from  and 
after  the  passage  of  this  ordinance,  the  Mayor  of  the  city  of  Pitts- 
burgh, in  connection  with  and  with  the  consent  of  the  Committee  Permission  to 

°    '  build  switches, 

on  Streets,  be  and  he  is  hereby  authorized  to  grant  a  license  or  per-  &<= ,  granted, 
mission  to  any  person  or  persons,  company  or  companies,  owning  or 
occupying  property  situated  upon  the  streets  or  alleys  through 
which  any  railroads,  entering  or  passing  through  the  city,  may  be 
laid,  to  attach  turn-outs,  bolting  tracks,  or  switches  to  the  main 
tracks  thereof;  the  consent  of  the  railroad  company  being  first  ob- 
tained ;  said  turn-outs,  bolting  tracks  or  switches  to  be  laid  down 
in  such  manner  as  to  conform  to  the  established  heights  and  level 
of  the  streets  or  alleys  in  which  they  may  be  placed;  and  such 
licenses  or  permission  shall  be  in  writing,  and  shall  be  subject  to 
the  provisions  of  this  and  other  ordinances  relating  to  railroads, 
turn-outs,  or  other  fixtures  in  the  city  of  Pittsburgh,  which  have  or 
may  hereafter  be  enacted;  Provided  such  liceense  or  permission  proviso, 
shall  not  be  granted  for  a  longer  term  than  one  year,  and  that  no 
license  or  permission  shall  be  granted  for  a  less  period  than  six 
months;  And  provided  further,  That  no  turn-out,  bolting  track, 
switch  or  other  fixtures  shall  be  permitted  to  extend  beyond  the 
property  owned  or  occupied  by  the  person  or  persons,  company  or 
companies,  applying  therefor,  and  situated  and  fronting  on  the  line 


108 


ORDINANCES  OF   THE  CITY  OF  PITTSBURGH. 


of  the  street  or  alley  on  which  the  railroad  is  constructed,  with 
which  said  turn- out,  bolting  track,  switch  or  other  fixture  is  to  con- 
nect; And  provided  also,  That  this  ordinance  shall  not  be  construed 
to  conflict  in  any  manner  with  the  right  of  any  railroad  company  to 
regulate  and  control  any  turn-out,  bolting  track,  switch,  or  other 
fixture  which  may  be  constructed  or  laid  down  in  pursuance  of  this 
ordinance. 

Section  2.  That  it  shall  and  may  be  lawful  for  the  Committee 
on  Streets,  from  time  to  time,  to  establish  and  put  in  force  such  • 
Duty  of  street  rules,  regulations  and  restrictions  in  relation  to  such  turn-outs,  bolt- 
ing tracks  or  switches,  their  construction  and  materials,  and  the  re- 
pairing thereof,  as  to  the  said  committee  shall  seem  fit  and  proper, 
and  no  turn-out,  bolting  track,  switch  or  other  fixture  shall  be 
attached  to  the  said  railroads,  or  laid  over,  on  any  street  or  alley,  or 
be  considered  as  repaired,  unless  the  same  shall  conform  in  every 
particular  to  the  rules  and  regulatious  so  adopted. 

Section  3.  That  all  such  turn-outs,  bolting  tracks,  switches  or 
other  fixtures  shall  be  laid  down  or  repaired  under  the  direction  of 
said  Committee  on  Streets,  together  with  the  Street  Commissioner 
of  the  district  in  which  the  same  is  situated,  and  if  any  person  or 
persons,  company  or  companies  shall  construct,  lay  down  or  repair 
any  turn-outs,  bolting  tracks,  switch  or  other  fixture  contrary  to  the 
provisions  of  this  ordinance  or  of  any  ordinance  relative  thereto, 
which  may  be  hereafter  enacted,  or  of  any  regulation  adopted  by  the 
Committee  on  Streets,  the  person  or  persons,  company  or  companies 
Penalty.  so  offending  shall  forfeit  and  pay  the  sum  of  seventy-five  dollars,  to 

be  sued  for  and  recovered  in  the  manner  that  penalties  for  the  breach 
of  ordinances  are  by  law  recoverable,  and  in  addition  thereto,  such 
turn-out,  bolting  track,  switch  or  other  fixture  shall  be  forthwith 
removed. 

Section  4.  That  if  any  turn-out,  bolting  track,  switch,  turning 
platform,  or  other  fixture  shall  be  out  of  order  and  repair,  and  the 
owner  or  person  having  charge  thereof  shall  refuse  or  neglect  to 
repair,  or  put  the  same  in  good  order,  after  five  days'  notice  from  the 
Street  Commissioner  of  the  district,  the  same  shall  be  taken  up  and 
removed  under  the  direction  of  the  Committee  on  Streets  together 
with  the  Street  Commissioner  of  the  district,  and  the  owner  or 
person  having  charge  of  such  turn-out,  bolting  track,  switch,  turn- 
ing platform  or  other  fixture,  shall  also  forfeit  and  pay  the  sum  of 
Penalty.  twenty-five  dollars,  and  all  necessary  repairs  and  expenses  incident 

to  removal,  to  be  sued  for  and  recovered  in  the  manner  that  penal- 
ties for  the  breach  of  city  ordinances  arc  by  law  recoverable.     Pro- 


ORDINANCES  OF  THE  CITY  OF  PITTSBURGH.  100 

videtl,  That  the  turn-out,  bolting  track,  switch,  turning  platform  or  Proviso. 
fixture  after  being  so  removed,  shall  not  be  replaced  unless  by  per- 
mission or  license  of  the  Mayor  of  the  city  and  Committee  on 
streets,  nor  until  all  the  expenses  of  such  removal  shall  first  be 
paid. 

Section  5.  That  the  person  or  persons,  company  or  companies 
to  whom  license  or  permission  may  be  granted  to  attach  any  turn- 
out, bolting  track,  or  any  other  fixture  to  any  railroad  within  the 
limits  of  the  city,  as  hereinbefore  provided,  shall  before  obtaining 
the  same  pay  to  the  Mayor,  for  the  use  of  the  city,  such  tax,  rent,  License, 
or  assessment  as  may  be  agreed  upon  by  the  Mayor  "and  Committee 
on  Streets :  Provided,  That  the  same  be  not  less  than  twenty-five, 
nor  more  than  two  hundred  dollars. 

Section  6.  That  it  shall  not  be  lawful  for  any  person  or  persons, 
company  or  companies,  to  obstruct  any  street  or  alley  in  the  city 
by  loading  or  unloading,  placing,  keeping,  or  cause  to  be  placed  or 
kept  any  car  or  other  vehicle  on  any  part  of  any  turn-out,  bolting 
track  or  switch,  which  may  be  laid  down  or  constructed  in  pursu- 
ance of  this  ordinance,  or  any  ordinance  relative  thereto  which  may 
hereafter  be  passed ;  but  all  cars  or  other  vehicles  must  be  loaded 
or  unloaded,  placed,  kept,  or  caused  to  be  placed  or  kept  on  the 
ground  owned  or  occupied  by  the  person  or  persons  having  the 
license  or  permission  to  lay  down  such  turn-out,  bolting  track, 
switch  or  other  fixture.  Any  person  or  persons,  company  or  com- 
panies, violating  the  provisions  of  this  section  of  this  ordinance, 
shall  be  liable  to  the  penalty  of  five  dollars  for  every  such  viola-  Penalty, 
tion,  to  be  recovered  in  the  manner  hereinbefore  mentioned. 

Section  7.  That  in  all  cases  where  turn-outs,  bolting  tracks,  or 
other  fixtures  attached  to  or  connected  with  the  main  track  of  the 
Pennsylvania  Railroad  within  the  limits  of  this  city  having  been 
constructed  by  private  individuals  prior  to  the  passage  of  this  ordi- 
nance, it  shall  be  the  duty  of  the  Street  Commissioner  of  the  proper 
district  to  notify  the  person  or  persons  owning  or  using  the  same,  to 
take  out  a  license  or  permission  therefor,  and  in  case  the  person  or 
persons  owning  or  using  such  turn-out,  bolting  track,  switch  or  other 
fixture,  shall  neglect  or  refuse  to  take  out  such  license  or  permission 
within  ten  days  from  the  time  of  receiving  such  notice,  he  or  they 
so  neglecting  or  refusing  shall  be  liable  to  a  penalty  of  seventy-five  Penalty, 
dollars,  to  be  recovered  in  the  manner  hereinbefore  mentioned;  and 
in  addition  thereto,  such  turn-out,  bolting  track,  or  other  fixture, 
shall  be  forthwith  taken  up  and  removed  under  the  direction  of  the 
Committee  on  Streets   together  with  the  Street  Commissioner  of 


110 


ORDINANCES  OF  THE  CITY  OF  PITTSBURGH. 


the  proper  district,  and  no  license  or  permission  shall  be  granted 
to  replace  the  same  until  all  the  expenses  of  such  removal  are  first 
paid. 

Ordained  and  enacted  into  a  law  in  Councils  this  seventeenth 
day  of  September,  A.  D.  1853. 

Recorded  September  28, 1853,  in  Ordinance  Book,  vol.  2,  p.  17. 


AN  ORDINANCE 


RELATING  TO  CERTAIN  STREETS  IN  THE  NINTH  WARD. 


Preamble.  Whereas,  The  interests  of  the  Western  Pennsylvania  Hospital 

have  sustained  a  serious  injury  from  the  obstructions  occasioned  by 
the  stoppage  of  the  locomotives  and  cars  belonging  to  the  Pennsyl- 
vania Railroad,  on  Ferguson  street,  at  the  intersection  of  Morton 
street;  and 

Preamble.  Whereas,  Public  convenience  requires  that  the  Pennsylvania 

Railroad  Company  should  forthwith  proceed  to  lay  out  and  grade 
the  street  parallel  with  Ferguson  street,  provided  for  in  the  ordi- 
nance of  28th  July,  1853,  relative  to  the  vacation  of  certain  streets 
in  the  Ninth  Ward  of  this  city  :  Therefore, 

Section  1.  Be  it  ordained  and  enacted  by  the  Select  and  Com- 

R.  r.  Co.  not  to  mon  Councils  of  the  City  of  Pittsburgh,  That  from  and  after  the 

obstruct  Kergu-  .  -in  i        -i       /•   1    j>  •  i   t^  i 

son  street.  passage  of  this  ordinance,  it  shall  not  be  lawtul  tor  said  Pennsyl- 
vania Railroad  Company,  or  its  officers,  agents,  or  employees,  to 
obstruct  the  passage  across  Ferguson  street,  at  its  intersection  with 
Morton  street,  by  the  stoppage  or  detention  of  any  locomotive,  ten- 
der, or  car  on  such  portion  of  Ferguson  street  aforesaid,  as  lies 
between  the  eastern  and  western  lines  of  Morton  street. 

Section  2.  Be  it  ordained,  &c,  That  the  said  Pennsylvania  Rail- 
road Company  be,  and  they  are  hereby  requested  to  lay  out  and 
grade  along  the  south  line  of  the  southern  track  of  said  railroad, 
and  parallel  to,  and  adjoining  therewith,  a  street  of  forty  feet  in 
R.  R.  Co  to  ex-,  width,  extending  the  length  of  that  part  of  Ferguson  street,  pro- 
Btreet.ergUb0n  visionally  vacated  by  the  said  ordinance  of  the  28th  July,  1858; 
and  the  said  company  is  hereby  directed  to  have  the  said  street  laid 
out  and  opened  within  six  months  after  the  passage  of  this  ordi- 


ORDINANCES  OF  THE  CITY  OF  FITTSBURGn.  Ill 


nance,  under  the  supervision  of  the  Street  Regulator  and  Committee 
on  Streets. 

Section  3.  Be  it  ordained,  c£r.,  That,  in  case  the  said  Pennsyl- 
vania Railroad  Company  shall  refuse  or  neglect  to  comply  with  the  Penalty  of 
provisions  of  this  ordinance,  according  to  the  true  intent  and  mean- 
ing thereof,  such  failure  or  neglect  shall  be  considered  as  a  viola- 
tion on  the  part  of  said  company  of  the  provisions  of  said  ordinance 
of  28th  July,  1853,  and  shall  subject  the  said  company  to  a  for- 
feiture of  all  the  rights  and  privileges  granted  by  said  ordinance, 

Ordained  and  enacted  into  a  law  in  Councils  this  7th  day  of 
February,  A.  D.  1854. 

Recorded  March  Cth,  A.  D.  1854. 


AN  ORDINANCE 

RELATIVE  TO  THE  VACATION  OF  BELL'S  ALLEY. 

Section  1.  That  "Bell's  Alley,"  from  Liberty  street  to  Exchange  Ben's  AHey  to 
alley,  be  and  the  same  is  hereby  vacated,  and  the  use  of  the  ground  the  use  of  R.  R. 
occupied  by  the  same  be  and  is  hereby  granted  to  the  Pennsylvania     mpany' 
Railroad  :  Provided,  said  company  pay  the  city  for  said  property,  at 
the  same  rate  they  have  paid  for  adjoining  property,  to  wit :  S150  per 
foot  front :  Provided,  That  whenever  the  said  ground  shall  cease  to 
be  used  for  the  purpose  of  a  depot,  the  same  shall  revert  to  the  city. 
That  the  said  company  shall  be  allowed  to  construct,  not  to  exceed 
three  curves  from  their  track  on  Liberty  street,  at  any  convenient 
point  or  points,  into  any  part  of  either  of  their  depots:  Provided, 
That  the  street  and  pavement  be  not  obstructed,  and  the  work  be 
done  under  the  supervision  of  the  Street  Committee,  with  stone,  in 
a  permanent  manner. 

Section  2.  That  all  curves,  sidines  or  switches,  now  or  hereafter  Construction  of 

'  °  '  sidings.  &c 

constructed  by  companies  or  individuals,  brought  into  depot,  ware- 
house, or  any  other  place  from  the  main  track,  shall  be  constructed 
in  a  substantial  and  permanent  manner  with  stone,  so  as  not  to 
obstruct  the  street  or  pavement,  under  the  supervision  of  the  Street 
Committee. 

Ordained  and  enacted  into  a  law  in  Councils  this  9th  day  of 
May,  A.  D.  1854. 

Recorded  June  8th,  A.  D.  1854. 


112  ORDINANCES  OF  THE  CITY  OF  PITTSBURGH. 


AN  ORDINANCE 

FIXING  A  PENALTY  FOR  RUNNING  CARS  AND  MACHINERY  ON 
LIBERTY  STREET  AT  A  GREATER  SPEED  THAN  FOUR  MILES 
AN  HOUR. 

Preamble.  Whereas,  By  section  first  of  an  ordinance,  entitled  "  An  ordi- 

nance,  granting  certain   privileges   to   the  Pennsylvania  Railroad 
Company,"  it  is  provided,  that  after  passing  the  curve  aforesaid  it 
shall  not  be  competent  for  said  company  to  exceed,  at  any  time,  a 
speed  of  four  miles  an  hour,  under  such  penalties  as  may  hereafter 
be  ordained  and  enacted  by  Councils.  And  whereas,  It  is  believed 
that  the  cars  and  machinery  of  said  Pennsylvania  Railroad  do  exceed 
the  rate  of  four  miles  an  hour  on  Liberty  street,  within  the  city 
limits.     Therefore,  Be  it  ordained,  &c. 
Company  not  to      Section  1.  That  it  shall  be  unlawful  for  the  cars  and  machinery 
rai^ofspUd'on  of  said  Pennsylvania  Railroad  Company  to  exceed  the  rate  of  four 
under  certain     miles  per  hour  on  Liberty  street,  under  a  penalty  of  not  less  than 
fifty,  nor  more  than  one  hundred  dollars,  for  each  and  every  offence, 
to  be  recovered,  with  costs,  by  any  person  who  shall  sue  for  the 
same,  before  the  mayor  or  any  alderman  of  the  city,  in  the  same 
manner  as  other  penalties  are  now  by  law  recoverable,  one  half  of 
the  penalty  to  go  to  informer,  the  other  half  to  the  city. 
Eepeal  Section  4.  That  all  ordinances  and  parts  of  ordinances  incon- 

sistent herewith,  be  and  the  same  are  hereby  repealed. 

Ordained  and  enacted  into  a  law  in  Councils,  this  29th  day 
of  December,  1856. 

Recorded  January  9th,  A.  D.  1857,  in  Book  vol.  2,  p.  68. 


ORDINANCE  AND  RESOLUTION 


BOROUGH    OF    HARRISBUHG. 


The  following  ordinance  in  relation  to  the  running  of  locomotives 
and  cars  within  the  limits  of  the  Borough  of  Harrisburg  was 
adopted  : 

"Whereas,  it  is  represented  by  the  owners  and  occupiers  of  real  Preamble, 
property,  residing  along  Meadow  lane,  Mulberry  and  Canal  streets, 
and  also  by  farmers  and  strangers  visiting  our  borough,  that  they 
are  greatly  aggrieved  and  annoyed  by  reason  of  locomotive  engines 
and  cars  running  at  a  rate  not  less  than  twenty  miles  to  the  hour, 
and  not  giving  due  notice  when  passing  main  streets,  thereby  en- 
dangering the  lives  and  property  of  individuals ;  Therefore,  Be  it 
ordained  by  the  Town  Council  of  the  Borough  of  Harrisburg,  That 
no  locomotive  engine,  with  or  without  cars  attached  thereto,  or  cars 
without  motive  power  of  any  description  shall  be  suffered  by  the 
engineer  or  conductor  thereof,  to  run  at  a  greater  speed  than  four  Speed  of  loeo- 

.  motives  in 

miles  an  hour,  within  the  limits  of  the  borough;  and  any  engineer  borough  limits, 
or  other  person  guilty  of  a  violation  of  this  ordinance,  shall  be  fined 
in  the  sum  of  ten  dollars  for  the  first  offence  and  fifteen  dollars  for  Penalty, 
the  second,  which  fine  shall  be  sued  for  and  recovered  before  the 
Chief  or  Assistant  Burgess,  as  debts  of  like  amount  are  now  by  law 
recoverable,  the  one  half  for  the  use  of  the  borough  and  the  other 
half  for  the  use  of  the  informer,  and  in  no  case  shall  the  fine  be  re- 
mitted, unless  with  the  consent  of  the  Council. 

Sect.  2.     All  former  ordinances  on  this  subject,  so  far  as  the  r.epeai. 
same  are  hereby  altered  or  amended,  are  hereby  repealed. 

Passed  May  od,  1851. 


The  following  preamble  and  resolution  was  adopted  : 
Whereas,  The  Harrisburg  and  Lancaster  Railroad  Company 
propose  to  build  a  large  and  spacious  depot  on  the  site  of  the  pre- 
8 


114 


ORDINANCE  OF  THE  BOROUGH  OF  ALTOONA. 


sent  one,  extending  to  Chestnut  street;  and  to  enable  said  company 
to  locate  and  erect  the  building  in  such  manner  as  to  afford  reason- 
able accommodation  to  the  various  railroads  centering  at  this  place, 
and  to  meet  the  requirements  of  the  public,  they  have  requested 
permission  of  the  Town  Council  to  occupy  and  lay  tracks  on  Mea- 
dow lane,  adjoining  the  railroad  between  Market  and  Chesnut 
streets ; 

Therefore,  Resolved,  that  the  request  of  the  said  company  be 
and  is  hereby  granted  on  the  following  terms  and  conditions,  viz : 
That  no  part  of  said  street  or  lane  now  asked  for  shall  be  used  as  a 


Depot  allowed 
to  be  built. 


on  what  condi-  new  siding  on  which  to  stand  cars,  but  as  and  for  a  through  track  ; 

tions.  .  '  °  ' 

and  provided  that  the  railroad  track  or  tracks  shall  be  so  laid  and 
put  down  as  not  to  obstruct  or  interfere  with  the  ordinary  use  of 
said  lane  by  the  public,  when  not  occupied  by  the  business  of  the 
railroad  company,  and  that  the  Street  Committee  of  the  South  Ward 
is  hereby  instructed  to  attend  to  and  see  that  this  preamble  and 
resolution  is  properly  carried  out." 

Passed  September  1st,  1855. 


ORDINANCE 


OF  THE  BOROUGH  OF  ALTOONA. 


<  ompnny  miy  ^nat  the  right  is  hereby  granted  to  the  Pennsylvania  Railroad 
plpes'in'snjor1'  Company  to  lay  down  water  pipes  in  any  of  the  streets  or  alleys  of 
HiieysoTthe^  the  borough  of  Altoona,  including  the  Greensburg  extensions,  and 
to  adopt  from  time  to  time  such  measures  and  to  do  all  things 
convenient  and  necessary  for  examining  the  condition  of  said  water 
Proviso.  pipes,  and  keeping  the  same  in  good  order  and  repair.      Provided, 

that  the   said    Pennsylvania  Railroad    Company  shall   be  respon- 
sible for  any  damages  that  may  accrue  from  laying  of  said  water 
Proviso.  pipes,   and  provided  further,  that  in    laying   down    or  examining 

and  repairing  said  water  pipes,  the  streets  or  alleys  shall  not  be 
obstructed,  or  the  ditch  for  pipes  be  kept  open  longer  at  any  one 
time  than  is  really  necessary  for  the  completion  of  said  work. 

Pamd  May  12,  1858. 


BY-LAWS 

OF    THK 

PENNSYLVANIA  RAILROAD  COMPANY. 


A3  REVISED  AND  APPROVED  BY  THE  BOARD  OF  DIRECTORS 
SEPTEMBER  17,  1856. 


BY-LAWS. 


Section  I. 

The  Stated  Meetings  of  the  Board  shall  be  held  in  Philadelphia,  stated  me.  t- 
on  every  other  Wednesday,  unless  otherwise  ordered,  at  such  place 
and  hour  as  they  may  from  time  to  time  designate,  and  Special  Special  meet- 
Mectings  may  he  called  by  the  President  whenever  he  may  deem  it 
necessary,  or  at  the  request  of  any  three  members,  in  writing. 
Seven  members  shall  constitute  a  quorum  for  the  transaction  of  Quorum, 
business. 

Section  II. 

The  President  shall  preside  at  all  meetings  of  the  Board,  or  in  The  President. 
his  absence  the  Vice  President,  preserve  order  and  regulate  debate 
according  to  the  usual  parliamentary  rules.  He  shall  have  the  cus- 
tody of  the  seal  of  the  Company,  conduct  the  correspondence,  and 
attend  generally  to  the  executive  business  of  the  Company,  under 
the  direction  of  the  Board.  In  the  absence  of  the  President  and  Vice 
President,  a  President  pro  tern,  shall  be  appointed  by  the  Board. 

Section  III. 

The  Treasurer  shall  give  bonds,  with  one  or  more  sureties,  (not  The  Treasurer, 
members  of  the  Board,)  in  the  sum  of  fifty  thousand  dollars,  for 
the  faithful  performance  of  all  his  duties,  as  recited  in  the  sixth 
section  of  the  act  of  incorporation.  He  shall  keep  a  regular  set  of 
books  containing  the  accounts  of  the  company,  and  all  its  funds 
that  may  pass  through  his  hands,  and  keep  a  separate  account,  as 
Treasurer,  in  such  bank  or  banks  as  the  Board  of  Directors  may 
from  time  to  time  designate.  He  shall,  on  the  Monday  preceding 
the  first  stated  meeting  of  the  Board  in  each  month,  submit  to  the 
Chairman  of  the  Finance  Committee,  to  be  by  him  laid  before  the 


118  BY-LAWS. 

Board  at  the  next  stated  meeting  thereafter,  a  statement  of  the 
financial  condition  of  the  Company  as  it  stood  on  the  last  day  of  the 
preceding  month ;  and  at  the  second  stated  meeting  in  January  of 
each  year,  he  shall  present  to  the  Board  a  complete  statement  of  his 
accounts,  for  the  year  ending  on  the  last  day  of  December  of  the 
previous  year,  as  required  of  the  Board  of  Directors  by  section  19 
of  the  act  of  incorporation,  and  section  2  of  the  supplement  of  April 
26,  1850;  and  shall  attend  to  such  other  duties  connected  with  the 
finances  of  the  Company,  as  may  be  required  by  the  Board.  His 
books  shall  at  all  times  be  open  to  the  inspection  of  the  President, 
or  any  member  of  the  Board.  All  checks  shall  be  signed  by  the 
Treasurer.  All  office  bills  and  petty  expenses  of  the  general  office 
at  Philadelphia,  shall  be  paid  by  orders  drawn  upon  the  Treasurer 
by  direction  of  the  Board,  and  signed  by  the  Secretary. 

All  ether  bills  shall,  before  being  paid,  be  examined  and  approved 
by  the  Auditor,  whose  approval  shall  be  endorsed  thereon. 

All  bonds,  mortgages,  and  other  securities  of  the  Company,  shall 
be  placed  in  charge  of  the  Treasurer. 

Section  IV. 

The  secretary.  The  Secretary  shall  keep  a  regular  record  of  the  proceedings  of 
the  Board,  give  notice  to  the  members  of  all  stated  and  special  meet- 
ings, and  attend  the  meetings  of  all  standing  or  special  committees 
when  required. 

He  shall  cancel  old  certificates  at  the  time  of  transfer,  and  shall 
register  all  certificates  of  stock  that  are  issued,  and  sign  the  same, 
and  in  his  absence  the  Vice  President  will  attend  to  this  part  of  his 
duties. 

He  shall  issue  orders  on  the  Treasurer,  for  office  bills  and  petty 
expenses  of  office,  as  the  Board  may  from  time  to  time  direct  by 
resolution. 

He  shall  give  twenty  days'  notice  of  the  Annual,  and  ten  days' 
notice  of  other  General  or  Special  Meetings  of  the  Stockholders, 
as  required  by  section  4  of  theact  of  incorporation ;  and  attend  to 
such  other  duties  as  the  President  or  Board  of  Directors  may  require. 

Section  V. 
omce  of  the  The  Office  of  the  Company  shall  be  in  Philadelphia,  and  kept 

open.  ' w  en  open  every  day  except  Sundays,  Christmas,  and  Fourth  of  July, 
between  the  hours  of  nine  and  three  o'clock,  unless  otherwise  or- 
dered by  the  Board. 


BY-LAWS.  110 


Section  VI. 


A  Solicitor  at  Philadelphia,  shall  be  elected  annually,  at  the  first  Solicitor, 
stated  meeting  in  April,  whose  duty  it  shall  be  to  give  advice  and 
opinion  on  such  subjects  as  may  be  referred  to  him,  and  shall  attend 
to  such  legal  business  of  the  Company  at  Philadelphia,  or  elsewhere, 
as  the  President  or  Board  of  Directors  may  require. 

Section  VII. 

The  administrative  duties  of  the  business  of  the  Company  will  be 
divided  among  the  four  following  departments : 

The   Transportation  Department, 
Having  charge  of  the  road  and  its  management. 

The  Auditor's  Department, 
Having  charge  of  all  accounts  and  settlements. 

The  Legal  Department, 
Having  charge  of  the  legal  and  such  other  business  pertaining 
thereto,  as  may  be  required  by  the  President  or  Board  of  Directors, 
on  the  line  of  the  Pennsylvania  Railroad,  excepting-ia  Dauphiii 
•county. 

The  Treasury  Department, 
Having  charge  of  all  payments  and  receipts  of  money.  Each 
department,  with  the  exception  of  the  legal  department,  to  be  con- 
ducted by  one  officer  having  the  direction  and  responsibility  of  the 
business  thereof,  and  the  whole  to  be  under  the  general  direction  of 
the  President,  as  the  organ  of  the  Board  of  Directors. 

Section  VIII. 

Certficatcs  of  Stock  shall  be  issued  to  the  stockholders,  and  Certificates  of 
transfers  of  them  shall  be  made  when  required ;  said  certificates  to 
be  signed  by  the  President,  countersigned  by  the  treasurer,  authenti- 
cated by  the  seal  of  the  company,  in  accordance  with  the  provisions 
of  the  act  of  incorporation,  and  signed  by  the  register  and  transfer 
clerk.  And  any  person  or  persons  claiming  a  certificate  or  evi- 
dence of  stock  to  be  issued  in  lieu  of  one  lost  or  destroyed,  shall 
make  an  affidavit  or  affirmation  of  the  fact;  shall  advertise  the  same 
in  one  or  more  newspapers  in  Philadelphia,  twice  a  week  for  four 
weeks,  describing  the  certificate,  and  shall  transmit  the  affidavit  or 


120  BY-LAWS. 

affirmation,  with  the  advertisement,  and  shall  give  the  board  a  bond 
of  indemnity,  with  one  or  more  securities,  if  required,  in  double  the 
sum  of  money  paid  on  such  certificate  to  be  renewed,  against  any 
damage  that  may  arise  from  the  issuing  of  a  new  certificate. 
Whereupon  the  president  and  treasurer  may,  one  month  after  the 
last  advertisement,  issue  a  new  certificate  of  the  same  tenor  with  the 
one  alleged  to  be  lost  or  destroyed,  therein  specifying  that  it  is  in 
lieu  thereof.  Old  certificates  shall  be  canceled  as  is  provided  in  the 
4th  section  of  these  by-laws. 

Section  IX. 

Committees.  There  shall  be  appointed  annually,  at  the  first  stated  meeting  after 

the  organization  of  the  board  in  March,  a  Standing  Committee  on 
Finance,  and  a  Standing  Committe  on  the  Road,  to  consist  of  five 
members  each,  and  a  Standing  Committee  on  Accounts,  to  consist 
of  three  members.  The  Committee  on  Finance  shall  have  a  general 
supervision  of  the  finances  of  the  company,  and  report  their  pro- 
ceedings to  the  board  at  the  first  stated  meeting  of  every  month,  or 
oftener  if  required,  and  shall  invest  the  funds  of  the  company  agree- 
ably to  the  provisions  of  the  charter,  under  the  direction  of  the 
board.  The  Committee  on  the  Road  shall  have  a  general  oversight 
of  all  matters  connected  with  the  construction  and  management  of 
the  road  and  its  appurtenances.  There  shall  be  added  to  this  com- 
mittee, at  the  first  stated  meeting  in  every  month,  another  member 
of  the  board,  for  the  month,  so  that  the  directors  may  thus  serve 
monthly  in  rotation. 

It  shall  be  the  duty  of  the  Committee  on  Accounts  to  examine 
and  audit  all  office  bills  before  being  presented  to  the  board  fur  pay- 
ment, and  to  have  a  general  supervision  of  the  accounts  of  the 
treasurer. 

Besides  these,  the  President  and  Vice  President  shall  be  ex  officio 
members  of  all  committees,  and  to  each  of  the  standing  commit- 
tees shall  be  added  one  of  the  directors  from  the  county  of  Alle- 
gheny. 

Each  standing  committee  shall  keep  a  regular  record  of  its  pro- 
ceedings. 

Section  X. 

Elections.  All  elections  for  officers  shall  be  by  ballot,  unless  by  unanimous 

consent,  when  the  vote  may  be  taken  viva  voce.  All  committees 
shall  be  appointed  by  the  president,  unless  otherwise  ordered  by  the 
board. 


BY-LAWS.  121 


Section  XT. 
No  member  of  the  board,  or  any  officer  or  agent  by  them  ap-  No  momber, 

•    .     i      i     n    i        t        ,1  •     t        ,i  i  •  officer  or  agent, 

pointed,  shall  be  directly  or  indirectly  concerned  in  any  contract,  to  be  interested 

./>•,.  ,  «...  in  contracts. 

arrangement,  or  engagement  tor  doing  any  work,  or  lurnishing  any 
materials,  or  in  any  way  be  interested  whereby  any  profit  or  advan- 
tage may  come  to  him  or  them  in  relation  to  the  construction  of  the 
road,  or  any  part  of  it. 

Section  XII. 
The  Order  of  Business  shall  be  as  follows  :  Order  of 

.,.,_.    Business. 

1.  When  a  quorum  appears,  viz.,  seven  directors,  the  Presi- 

dent shall  call  the  board  to  order. 

2.  The  minutes  shall  be  read,  and  considered  as  approved  if 

there  be  no  motion  to  amend. 

3.  Reports  of  committees. 

4.  Reports  of  officers  of  the  company. 

5.  Miscellaneous  communications. 

6.  Unfinished  business. 

7.  New  business. 

Section  XIII. 
No  alteration  or  amendment  shall  be  made  in  these  By-Laws,  Alteration  or 

i  ii,  ii  ,•  i  •  i  i  i  amendment  of 

unless  presented  at  a  stated  meeting  and  considered  at  a  subsequent  by-laws, 
stated  meeting,  but  any  By-Law  may  be  suspended  by  the  consent 
of  not  less  than  two-thirds  of  the  whole  board. 


GENERAL  INDEX. 


A. 

Absent  stockholders  represented  by  proxy,  9. 

how  many  represented  by  each  proxy,  9 
Accounts,  committee  on,  120. 
Acknowledgment  of  proxies,  9. 
Act  of  incorporation,  3—21. 

commissioners  appointed  by,  3—5. 
construction  of  11th  section  of,  27. 
what  deemed  a  forfeiture  of,  12,  20. 
see  Charter. 
Act  construing  the  charter,  25. 
Acts  of  assembly  affecting  the  company,  43-75. 

Act  for  the  sale  of  the  Main  Line,  61-70.     See  Main  Line  of  the  Public  Works. 
Actions,  civil,  may  be  brought  for  obstructing  railroad,  16. 

against  company  not  to  abate  by  the  death  of  plaintiff,  21. 
evidence  in,  16. 

general  issue  may  be  pleaded  in,  16. 
service  of  process  in,  16,  87. 
when  to  be  commenced,  16. 
Adjournments  of  commissioners,  6. 
Administrative  duties,  &c,  of  the  company,  119. 
Agents,  appointment  of,  10. 

not  to  receive  loans  of  company's  funds,  7. 
liability  of  in  certain  cases,  75. 
Allegheny  city  and  county,  subscription  of,  to  stock,  25. 

to  be  represented  at  elections,  &c,  25. 
when  may  elect  directors,  26. 
not  entitled  to  more  than  three  directors,  26. 
Allegheny  Portage  road,  connection  with,  29. 
Alteration  of  by-laws,  when  and  how  made,  8,  121. 


124  GENERAL   INDEX. 


Alley  in  Pittsburgh  laid  out,  106. 
Altoona,  ordinance  of,  114. 

company  may  lay  water  pipes  in,  114. 

responsible  for  damages  accruing  thereby,  114. 
Annual  meeting  of  stockholders,  8,  32,  118. 

twenty  days'  notice  of  to  be  given,  8,  118. 
president  to  report  to,  82. 
Annual  report  to  the  stockholders,  17. 

how  published,  17. 
Annual  election  of  directors,  38. 

when  and  where  held,  38. 
Appraisers  to  assess  damages  of  transporters  on  Main  Line,  73. 

duties  and  compensation  of,  72,  73. 
Approval  of  stockholders  necessary  to  establish  a  certain  act,  40. 
Assessment  of  damages,  14,  27,  28,  29,  31. 
Auditor's  department,  119, 

B. 

Banking  privileges  not  included  in  corporate  franchises,  7. 
Bell's  alley,  in  Pittsburgh,  vacated  and  closed,  55,  111. 
Bells  to  be  attached  to  horses,  94. 
Board  of  Directors,  how  elected,  8. 

when  to  be  organized,  8. 

to  establish  their  own  by-laws,  8. 

by-laws  of,  117-121. 

alteration  or  amendment  of,  121. 
elections  for  officers  of,  120. 
officers  of,  see  Company. 

no  member  or  officer  of  to  be  interested  in  contracts,  121. 
order  of  business  of,  121. 
quorum  of,  10,  82,  117, 
to  keep  minutes  of  their  proceedings,  10. 
stated  meetings  of,  117. 
special  meetings  of,  117. 
vacancies  in,  how  supplied,  9,  38. 
see  Company.     Directors. 
Bond  to  pay  damages,  15. 

of  the  treasurer,  10,  117. 

condition  of,  10. 
when  to  be  renewed,  10. 
when  to  be  given  by  company,  15. 
when  to  be  offered  to  Common  Pleas  for  approval,  15. 
when  to  be  filed,  &c,  15. 
Books  of  subscription  to  be  opened,  5. 

wlien  and  where  to  be  opened,  5. 

thirty  days'  public  notice  of  opening  of,  to  be  given,  5. 


GENERAL   INDEX.  125 


Books  of  subscription,  Low  long  to  be  kept  open,  <>. 

of  company  to  be  open  to  committee  of  legislature,  20. 

penalty  for  refusing  to  produce,  20. 
of  treasurer  open  to  inspection  of  directors,  118. 
Bingham  and  Dock,  contract,  with,  not  impaired,  51. 
Branch  roads  may  be  constructed,  17. 
Bridge,  Market  street,  permit  to  pass  over,  97. 

penalty  for  passing  without  permit,  97. 
Business,  order  of,  121. 
By-laws  of  the  Board  of  Directors,  117-121. 

alteration  and  repeal  of,  8,  121. 


Capital  paid  in,  debts  never  to  exceed  one-half  of,  7. 

stock  or  bonds,  not  to  be  loaned  to  a  member,  officer,  or  agent,  7. 
may  be  called  in,  when  and  at  what  rate,  11. 
may  be  increased,  18,  33,  34,  38,  48,  02. 
Cars  to  be  registered  and  numbered,  94. 
to  have  brakes,  90. 

passage  of  over  city  road  regulated,  99,  100. 
speed  of,  regulated,  94,  103,  112,  113. 
Causeways,  repair  of,  87. 
Certificates  of  stock,  delivery  of,  11,  119. 

how  signed  and  sealed,  11,  119. 
transferable  at  pleasure,  11. 
when  not  transferable,  11,  119. 
when  lost,  provision  for,  119,  120. 
Charter,  3-21.     See  Act  of  Incorporation. 
how  may  be  forfeited,  20. 
supplements  to,  25-40. 
act  construing  the,  21. 
and  supplements,  extension  of,  61. 
Chartiers  Valley  Railroad  Company,  subscription  to  stock  of,  70,  71. 
Chief  Engineer  and  Surveyor  of  Philadelphia  to  change  grades  of  cei  tain  streets,  60. 
City  Railroads — see  Ordinances  of  the  City  of  Philadelphia. 
charge  and  tolls  on,  61,  93,  9-3,  97. 
regulation  of  tolls  on,  74. 
duties  of  superintendent  of,  93. 
City  railroad  track,  company  may  repair,  100. 
company  may  widen,  101. 
Coal  and  lumber  exempt  from  tonnage  tax,  56. 
Collectors,  &c,  on  Main  Line  continued,  67. 
Collection  of  wharfage  in  Pittsburgh,  103. 
Columbia  railroad,  connection  with,  13. 
Commissioners,  names  of,  3,  4. 


126  GENERAL   INDEX. 


Commissioners,  duties  of,  5,  79. 

twelve  necessary  to  act,  5. 
to  open  books  of  subscription,  5. 
to  give  all  persons  opportunity  to  subscribe,  G. 
adjournments  of,  G. 

to  certify  to  Governor  number  of  shares  subscribed,  6. 
to  give  notice  to  organize  and  elect  directors,  8. 
expenses  incurred  by,  bow  and  when  paid,  21. 
Committees  of  the  Board  of  Directors,  120. 
Committee  on  Finance,  120. 
the  Road,  120. 
on  Accounts,  120. 
Common  Pleas,  when  judges  of  are  interested,  28. 
Common  seal,  7. 
Commonwealth,  toll  accruing  to  use  of,  to  whom  paid,  19. 

to  pay  stockholders  par  value   of  stock  in   case  of  forfeiture  of 

charter,  20. 
to  pay  actual  value  of  corporate  estate  to  company  in  such  event,  25. 
Company  to  purchase  and  hold  real  estate,  7. 

may  enter  upon  all  lands  for  construction  of  road,  13. 

may  cut  and  carry  away  necessary  materials,  14. 

not  to  enter  upon  land  before  paying,  &c,  15. 

when  to  give  bond  to  pay  damages,  15. 

when  to  make  wagon  ways  for  individuals,  16. 

may  construct  branches  for  their  main  line,  17. 

to  establish  rates  of  toll,  18. 

to  reconstruct  turnpikes,  29. 

actions  against,  not  to  abate  by  plaintiff's  death,  21  j 

authorized  to  subscribe  to  stock  of  other  roads,  34j 

may  repair  track  of  city  railroad,  100. 

may  widen  track  of  city  railroad,  101.] 

may  increase  their  loans  and  erect  certain  buildings,  37. 

authorized  to  purchase  and  hold  certain  real  estate  in  Pittsburgh,  57. 

authorized  to  take  conveyance  for  Powelton  estate,    58. 

administrative  duties  of  business  of,  119. 

purchase  of  Main  Line  by,  Go.     See  Main  Line  of  Public  Works. 

office  of,  118. 

when  open,  118. 
president  of,  8,  117. 

how  elected,  8. 
term  of  service  of,  8  j 
duties  of,  10,  117. 
vice-president  of,  35,  117. 
treasurer  of,  10,  117,  118. 

bond  of,  10,  117. 
duties  of,  10,  117,  118, 


GENERAL   INDEX.  127 


Company,  secretary  of,  10,  118. 

duties  of,  10,  118. 
solicitor  of,  when  elected,  119. 
Compensation  allowed  to  no  director  except  the  president,  10. 
for  damages,  14,  30,  08. 
for  materials  used,  14. 

of  appraisers  of  damages  of  transporters  on  Main  Line,  72,  7$. 
of  viewers,  32. 
Connection  with  Harrisburg  road,  13. 
with  Columbia  road,  13. 
with  Allegheny  Portage  road,  20. 
with  other  roads  authorized,  40. 
Connections  to  and  from  freight  depot  in  Philadelphia,  54. 
Contract  with  Bingham  and  Dock  not  impaired,  51. 
Contracts  for  use  of  road,  95,  97. 

regulation  concerning,  95. 

penalty  for  violating,  96. 
Construction  of  road  in  High  street,  Philadelphia,  90. 
Connellsville,  borough  of,  to  subscribe  to  stock,  49. 
Construing  act,  31. 

Construing  clauses,  27,  29,  30,  45,  50. 
Conveyance  of  Powelton  estate,  53,  54. 
Corporate  title,  7,  80. 

franchises,  7,  80. 

not  to  include  banking  privileges,  7. 
officers,  81. 

powers,  exercise  of,  10,  82. 
Councils  of  Philadelphia — see  PMldelphia.     Ordinances  of  the  City  of  Philadelphia . 
authorized  to  widen  street  occupied  by  railroad,  39. 
consent  of,  to  railroad  connections  in  city,  54. 
regulations  of,  touching  railroad  construction,  39,  54. 
to  regulate  tolls  on  city  railroad,  74, 
Credit  to  purchasers  of  Main  Line,  04. 
Crossings  of  certain  lateral  roads  regulated,  71,  72. 
Cross-roads,  established,  not  to  be  impeded,  10. 


Damages — see  Land  Damages. 
compensation  for,  30. 
how  assessed,  27. 
judgment  and  execution  for,  28. 
when  tender  of  will  relieve  from  costs,  29. 
viewers  in  cases  of,  when  Common  Pleas  may  appoint,  2 
in  widening  streets  in  Philadelphia,  how  ascertained,  39. 


128  GENERAL   INDEX. 


Damages  of  transporters  on  Main  Line  of  Public  Works,  how  assessed,  72,  73. 

for  laying  pipes  in  Altoona,  114. 
Death  of  plaintiiF  not  to  abate  actions  against  the  company,  21. 
Debts  never  to  exceed  one  half  of  capital  paid  in,  7, 
Declaration  of  dividends,  12. 
Deed  to  purchasers  of  Main  Line,  67. 

Delaware  river,  authority  of  company  to  construct  wharves  on,  89. 
Delinquent  stockholders  not  to  receive  interest,  27. 
Depots  in  Pittsburg,  company  authorized  to  construct,  57. 
ground  for  granted,  103. 
rent  of,  103. 

when  to  accrue,  103. 
Directors,  Board  of — see  Board  of  Directors.     Company. 

qualifications  of,  8,  38. 

number  of  to  be  chosen,  8. 

first  election  of,  how  made,  8. 

annual  election  of,  when  held,  38. 

liability  of,  for  making  certain  dividends,  12. 

may  convene  stockholders  at  any  time  and  place,  8. 

majority  of  to  be  elected  by  private  stockholders,  26. 

mode  of  conducting  elections  of,  9. 

none  but  president  allowed  compensation,  10. 

not  to  receive  loans  of  company's  funds,  7. 

not  to  be  interested  in  contracts,  121. 
Disposition  of  forfeited  shares,  11. 
Dividends,  7,  12,  84. 

when  to  be  declared,  12. 

when  payable,  40. 

not  to  exceed  the  net  profits  of  the  company,  12. 

made  out  of  capital,  directors  liable  for,  12. 

if  neglecting  to  enter  protest,  12. 
Duties  of  appraisers  of  damages  of  transporters  on  Main  Line,  72,  73. 
Dwellings,  railroad  may  pass  through,  27,  36. 


E. 

Eighth  street  and  Plumb  alley,  Pittsburgh,  surrender  of  parts  of,  105. 
Election,  first,  of  directors,  how  made,  8. 
annual,  of  directors,  38. 

if  not  made,  provision  for  holding  another,  9, 
Elections  of  directors,  mode  of  conducting,  9. 

for  officers,  8,  10,  120. 
Engineers,  appointment  of,  10. 

liability  of  in  certain  cases,  75,  113. 


GENERAL   INDEX.  129 


Enlargement  of  the  State  Works  by  the  purchasers,  64. 
Entry  of  Pittsburgh  limited  to  certain  streets,  3G. 
Erie,  a  branch  of  road  may  be  made  to,  13. 
Established  cross-roads  not  to  be  impeded,  16. 
Evidence  inactions  against  company,  16. 
Examination  of  manifests,  books,  &c,  by  State  agents,  19. 

penalty  for  refusing  to  permit,  20. 
Execution  for  damages,  28. 

Expenditures  by  State  on  Main  Line,  when  to  cease,  70. 
Expenses  incurred  by  commissioners,  how  and  when  paid,  21. 

of  sale  of  Main  Line,  how  paid,  69. 
Extension  of  lateral  road  in  Derry  township,  46. 
to  CJniontown,  49. 

of  Ferguson  street,  in  Pittsburgh,  110. 


F. 

Fare,  rates  of,  18. 

of  troops,  17. 
Fayette  county,  subscription  of,  to  stock,  49,  50. 

how  applied,  49, 
certificates  of  loan  of,  received  in  payment  for  stock,  49,  50. 
grand  jury  of,  to  fix  amount  of  subscription  to  stock,  50. 
Ferguson  street,  in  Pittsburgh,  part  of  to  be  opened,  55. 
not  to  be  obstructed,  110. 
to  be  extended,  110. 

provisions  concerning  appropriation  of  by  company,  56. 
Finance,  committee  on,  120. 
First  election  of  directors,  how  made,  8. 

Five  dollars  to  be  paid  on  each  share  at  time  of  subscribing,  6. 
Forfeited  shares,  disposition  of,  11. 
Forfeiture  of  shares,  11. 

charter,  what  deemed  a,  20. 

proceedings  to  ascertain  cause  of,  20. 
State  to  pay  actual  value  of  corporate  estate  in  case  of,  25. 
Form  of  subscription  to  stock,  5. 
Franchises,  corporate,  7. 

Freight  for  Philadelphia  carried  over  Columbia  road,  proviso  concerning,  39. 
penalty  for  evasion  of  proviso,  40. 

how  recovered,  40. 
for  whose  use,  40. 
depot  in  Philadelphia,  connections  to  and  from,  54. 
of  munitions  of  war,  17. 

cars  over  city  road,  passage  of,  regulated,  99,  100. 
Funds  of  the  company  not  to  be  loaned  to  directors,  officers;  or  agents,  7 


130  GENERAL   INDEX. 


G. 

General  issue  may  be  pleaded  in  actions  against  the  company,  16. 

General  railroad  law  of  Pennsylvania,  79-89.     See  Pennsylvania  General  Railroad 

Law. 
Girard  Life  Insurance,  Annuity  and  Trust  Company,  conveyance  of  part  of  Powelton 

estate  from,  58. 
Governor  to  issue  letters  patent,  when,  6. 

may  appoint  State  agents  to  keep  account  of  tonnage,  19. 
Grades  of  certain  streets  in  Philadelphia,  change  of,  60. 
Graveyards,  road  not  to  pass  through,  13. 

disinterment  of  bodies  in  a  certain,  57. 
Greensburg,  subscription  of,  to  stock,  51. 

taxable  inhabitants  of,  to  approve  subscription,  52. 
Ground  to  be  taken  for  railroad,  width  of,  13. 

H. 

Harrisburg  railroad,  connection  with,  13. 
borough  of,  ordinance  of,  113. 

resolution  of,  113,  114. 

speed  of  locomotives  in,  113. 

depot  may  be  built  in,  114. 
Harrisburg,  Portsmouth  and  Mount  Joy  Railroad  Company,  lease  of  by  purchasers 

of  Maine  Line,  64. 
Hempfield  Railroad  Company,  subscription  to  stock  of,  71. 
High  street,  Philadelphia,  construction  of  road  in,  96. 
Homesteads,  railroad  not  to  pass  through,  27. 


Increase  of  shares,  33,  38,  48,  62. 
Injury  to  railroad,  penalty  for,  16. 
Inquisition,  when  court  may  order  a  new,  15. 
Instalments  due  and  unpaid,  suit  may  be  brought  for,  11. 
when  to  be  called  in,  83. 

penalty  for  neglect  to  pay,  83, 
Interest  to  shareholders,  when  to  be  paid,  27. 

not  to  be  paid  to  delinquent  stockholders,  27. 
Issues  of  fact  to  be  tried  by  jury,  21. 


Judges  of  Common  Pleas,  when  interested,  28. 
Judgment  and  execution  for  damages,  28. 
Jurors,  twelve  to  decide  land  damages,  14. 

to  view  the  premises,  15. 
Jury  to  report  to  the  court  the  damages,  and  to  whom  payable,  1&. 


GENERAL   INDEX.  131 


Lancaster  and  Philadelphia,  accommodation  of  local  and  way  freight  between,  51. 
Lancaster  county,  company  authorized  to  purchase  lands  in,  70. 
Land  to  be  paid  for  before  being  entered  upon,  15. 
Land  damages,  compensation  for,  14,  3G,  08. 

how  assessed,  14,  27,  31,  85,  86. 
by  whom  decided,  15. 
to  whom  to  be  reported,  15. 
to  whom  payable  to  be  reported  by  the  jury,  1-3. 
Land,  owners  of  may  make  lateral  railroads,  17. 
Lands  necessary  for  their  road,  the  company  may  enter  upon,  13. 
Lateral  road  in  Derry  township,  authority  to  construct,  44. 

extension  of,  46. 
to  Uniontown,  47. 

extension  of,  47. 
Lateral  roads,  crossing  of  certain,  regulated,  71,  72. 
Lease  of  levee  in  Pittsburgh  confirmed,  34. 
Legal  department  of  the  company,  119. 
Legislature,  books  of  company  to  be  open  to  committee  of,  20. 

may  charter  another  road  to  connect  with  Pennsylvania  road,  21. 
Letters  patent  to  be  issued  by  the  Governor,  6. 
Liability  of  stockholders  for  unpaid  instalments,  11. 

of  directors  for  making  dividends  out  of  capital,  11. 
Lien  on  company's  property,  25. 

what,  has  precedence  over  other  liens,  25. 

of  Commonwealth  on  company's  estate,  when  not  discharged,  73. 
Loan,  certain  certificates  of,  exempt  from  taxation,  43,  44,  48. 
Loans,  not  to  be  made  to  directors,  officers  or  agents,  7. 

restriction  regarding  certain,  37. 
Locomotives,  regulation  of  speed  of,  43,  113. 
Lost  certificates,  119,  120. 
Lumber  and  Coal  exempted  from  tonnage  tax,  56. 

M. 

Main  Line  of  the  Public  "Works,  sale  of,  61-70. 
notice  of  sale  of,  61, 

how  published,  61. 
who  may  purchase,  62. 
minimum  price  of,  62. 

company  purchasing  may  increase  their  capital,  62. 
amount  to  be  deposited  on  day  of  sale  of,  63. 
provision  touching  tonnage  and  State  tax,  &c,  on,  63. 
purchase  of,  by  Pennsylvania  Railroad  Company  to  be  regulated,  63. 


132  GENERAL   INDEX. 


Main  Line  of  the  Public  Works,  purchasers  of,  may  resell,  62. 
purchasers  of  subject  to  General  Railroad  Act,  63. 

may  purchase  and  improve  certain  roads,  64. 
may  enlarge  the  works,  64. 
credit  to,  64. 
deed  to,  67. 

may  sell  or  lease  any  part  of  canals,  65. 
to  purchase  transporters'  boats,  cars,  &c,  66. 
may  pay  their  bonds  before  maturity,  66. 
penalty  of,  for  non-payment  of  bond  or  interest,  66. 
subject  to  all  contracts  made  by  the  State,  07. 
notice  of  possession  by,  67. 
may  enter  on  lands,  &c,  68. 

compensation  to  owners  of  land  entered  upon  by,  68. 
powers  of,  68. 

to  have  corporate  succession,  69. 
certain  privileges  of,  69. 
purchase  money  to  be  paid,  when,  64. 
how  to  be  paid,  64. 

6ale  of  works  by  State  for  non-payment  of,  66. 
payment  of  interest,  65. 
to  be  kept  in  good  repair,  65. 
all  parties  entitled  to  use  of,  65. 
rates  of  toll,  65,  68,  C9. 
abandonment  of  Western  Division  of  Cants,  65. 

regulated,  66. 
collectors  &c.  on,  to  continue  to  act,  G7. 
proceeds  of  sale  of,  to  be  paid  into  sinking  fund,  69. 
further  legislation,  if  necessary,  to  pass  title  to,  69. 
expenses  of  sale  of,  how  paid,  69. 
when  State  may  re-enter  possession  of,  70. 
expenditures  on  by  State,  when  to  cease,  70. 
damages  of  transporters  on,  72,  73. 
mayor  of  Philadelphia  to  vote  for  purchase  of,  101. 
Manifests,  books,  &c,  may  be  examined  by  State  agents,  19. 
Material  necessary  for  their  road,  company  may  cut  and  carry  away,  14. 
Mayor  of  Philadelphia,  power  of  to  enforce  ordinances,  74. 
Meeting  of  stockholders,  annual,  32,  38. 

when  held,  32. 

twenty  days'  notice  of  to  be  given,  8,  118, 
special,  8,  118. 

notice  of,  118. 
of  board  of  directors,  10. 

president  to  preside  at,  10. 
Minutes  of  board  of  directors  to  be  kept,  10. 
Mode  of  conducting  elections  of  directors,  9. 


GENERAL   INDEX.  133 


Motive  power,  control  of,  18. 

Mount  Pleasant  to  subscribe  to  stock,  49. 

Municipal  corporations,  amount  of  subscriptions  to  stock  by,  25. 

to  be  represented  at  elections,  &c,  of  company,  25. 

when  may  elect  directors,  26. 

not  entitled  to  more  than  three  directors,  26. 

subscriptions  by,  44. 
Munitions  of  war  and  troops,  freight  and  fare  of,  17. 


N. 


Names  of  commissioners,  3,  4.     See  Commissioners. 
Net  profit  of  company  not  to  be  exceeded  by  dividends,  12. 
Notice  and  bond,  service  of,  in  certain  cases,  35. 
effect  of,  36. 

of  annual  meeting  of  stockholders,  8,  118. 

of  special  meetings  of  stockholders,  8. 

of  sale  of  main  line,  61. 

of  possession  of  Main  Line,  67. 


Obstructing  railroad,  penalty  for,  16,  93. 
civil  action  for,  16. 
public  streets  with  locomotives  or  cars,  74. 
Obstruction  of  private  road  by  railroad  company,  penalty  for,  46. 
Office  of  the  company,  when  open,  118. 

Officers  of  the  company  not  to  receive  loans  of  company's  funds,  7. 
choice  and  appointment  of,  10. 
election  for,  120. 

appointment  of,  by  whom  made,  10. 
Ordinance  of  the  Borough  of  Altoona,  113. 
Ordinance  of  the  Borough  of  Harrisburg,  113. 
Ordinances  affecting  the  company,  93-114. 
Ordinances  of  the  City  of  Philadelphia,  93-101. 

duties  of  superintendent  of  city  railroad,  93. 
tolls,  93,  95,  97. 
penalty  for  obstructing  road,  93. 
cars  to  be  registered  and  numbered,  94. 
to  have  brakes,  96. 

passage  of,  over  city  road  regulated,  99,  100. 
speed  of,  regulated,  94. 
attachment  of  bells  to  horses,  94. 
time  of  traveling  regulated,  94. 


134  GENERAL   INDEX. 


Ordinances  of  the  City  of  Philadelphia  authorizing  contracts  for  use  of  road,  95,  97. 
regulation  concerning  contracts  for  use  of  road,  95. 

penalty  for  violating,  96. 
construction  of  road  in  High  street,  96. 
permit  to  pass  over  bridge,  97. 
penalty  for  passing  without  permit,  97. 
turnouts  authorized,  98. 

regulations  of,  98. 
repair  of,  98. 

penalty  for  neglect  of,  98. 
privilege  of,  99. 
company  may  repair  city  track,  100. 

widen  tracks  of  city  road,  100. 
mayor  authorized  to  vote  for  purchase  of  Main  Line,  101. 
Ordinances  of  the  City  of  Pittsburgh,  102-112. 
Bell's  alley  to  be  vacated,  111. 
privilege  to  lay  rails,  102. 

and  to  pass  cars,  &c,  103. 
to  erect  a  building  on  wharf,  104. 
speed  of  cars,  103,  112. 
company  subject  to  city  regulations,  103. 

may  construct  buildings,  103. 
ground  for  a  depot  granted,  103. 

rent  of,  103. 

when  it  shall  begin  to  accrue,  103. 
Water  street  to  be  laid  out  by  company,  103. 

width  of,  103. 
collection  of  wharfage,  103. 
company  not  to  be  forwarding  agents,  103. 
record  of  ordinance,  omission  in  corrected,  104. 
West  street,  grant  to  lay  rails  on,  104. 
Eighth  street  and  Plumb  alley,  parts  of  surrendered,  105. 
alley  from  Seventh  to  Eighth  street  laid  out  by  company,  106. 
vacation  of  certain  streets,  106,  107. 
switches,  turnouts,  &c,  permission  to  build,  107,  108. 
construction  of,  111. 
city  regulations  of,  108-110. 
Ferguson  street  not  to  be  obstructed,  110. 
to  be  extended,  110. 

provisions  of  ordinance,  penalty  for  neglect  of,  111. 
i  (rganization  of  the  board  of  directors,  8. 
Owners  of  land  may  make  lateral  railroads,  17. 


P. 

Payment  of  dividends,  12. 

Penalty  imposed  on  viewers  for  neglect  of  duty,  32. 
for  obstructing  private  road,  46. 


GENERAL   INDEX. 


Penalty  for  obstructing  railroad,  16,  98. 
for  injury  to  railroad,  16. 
for  refusing  to  produce  books,  &c,  20. 
for  passing  Market  street  bridge  without  permit,  07. 
for  violating  contracts  for  use  of  road,  96. 

for  non-payment  of  bond  or  interest  by  purchasers  of  Main  Line,  66. 
Pennsylvania  Railroad — see  Railroad. 

when  to  be  commenced  and  when  completed,  21,  61. 
legislative  reservation  concerning  roads  connecting  with,  21. 
to  connect  with  Allegheny  Portage  road,  29. 
connection  of,  with  Philadelphia  and  Columbia  road,  38. 
with  other  roads,  40. 

provisions  concerning,  50,  51. 
Pennsylvania  Railroad  Company — see  Company. 
Pennsylvania  General  Railroad  Law,  79-89. 
duties  of  commissioners,  79. 
subscription  to  stock,  79. 
who  may  subscribe,  79. 

corporate  style,  succession  and  privileges,  80. 
organization,  80. 
officers,  81. 
powers,  82. 
annual  and  special  meetings,  81. 
conduct  of  elections,  81,  82. 
quorum  of  directors,  82. 
certificates  of  stock,  83. 
capital  stock  and  instalments,  83. 
when  called  in,  83. 

penalty  for  neglect  to  pay,  83. 
dividends,  84. 
route  of  road,  84. 
damages,  85,  86. 
repair  of  causeways,  87. 
ehang%  of  location,  87. 
service  of  process  in  suits,  87. 
penalties,  88. 

statement  of  affairs,  &c,  88. 
public  highways,  88. 
toll,  89. 

commencement  and  completion  of  road,  89. 
Petersburg,  borough  of,  to  regulate  speed  of  locomotives  running  through,  43. 
Philadelphia — see  Ordinances  of  the  City  of  Philadelphia. 

city  of,  authorized  to  subscribe  for  stock,  25. 

to  borrow  money  to  pay  for  stock,  25. 
to  be  represented  at  elections,  &c,  25. 


136  GENERAL   INDEX. 


Philadelphia  may  elect  directors,  when,  26. 

not  entitled  to  more  than  three  directors,  26. 
connections  to  and  from  freight  depot  in,  54, 

chief  engineer  and  surveyor  to  change  grades  of  certain  streets  in,  60. 
power  of  mayor  of,  to  enforce  ordinances,  74. 
mayor  of,  to  vote  for  purchase  of  Main  Line,  101. 
ordinances  of,  93-101. 
Philadelphia  and  Columbia  road,  connection  with,  in  Philadelphia,  88,  39. 
Pittsburgh — see  Ordinances  of  the  City  of  Pittsburgh. 
Bell's  alley,  in,  vacated  and  closed,  55. 
certain  streets  in,  vacated,  33. 
Ferguson  street,  in,  part  of  to  be  opened,  55. 

provisions  concerning  appropriation  of,  56. 
entry  of,  limited  to  certain  streets,  36. 
lease  of  levee  in,  confirmed,  34. 
ordinances  of,  102-112. 
Plea  of  general  issue  in  actions  against  the  company,  16. 
Powelton  estate,  conveyance  of,  54. 

to  trustees  of  Pennsylvania  Railroad,  54. 
trustees  authorized  to  sell,  54,  58,  59,  73. 

conveyance  from  Girard  Life  Insurance  Annuity  and  Trust  Com- 
pany for  part  of,  58. 
sale  of  by  Pennsylvania  Railroad  Company,  73. 
Powers  of  the  corporation,  by  whom  exercised,  10. 
President  of  the  company,  8,  117. 

duties  of,  10,  117. 
may  convene  stockholders  at  any  time  and  place,  8. 
may  call  a  special  meeting  of  stockholders,  when,  8. 
and  directors  to  make  annual  report  to  stockholders,  17,  32. 
Privileges,  banking,  not  included  in  corporate  franchises,  7. 
Proceedings  of  board  of  directors,  minutes  of  to  be  kept,  10. 
in  assessment  of  damages,  14,  27,  29,  31. 
to  ascertain  a  cause  of  forfeiture  of  charter,  20. 
to  appropriate  land,  service  of  notice  and  bond  in  certain,  35. 
Protest  of  directors  to  be  entered  on  minutes,  12. 
Provision  when  no  election  of  directors  is  made,  9. 
Proxy,  who  may  vote  by,  9. 

how  many  absentees  may  be  represented  by,  9. 
Proxies,  when  to  be  acknowledged,  9. 

voted  upon  to  be  filed,  10. 
Public  notice  of  opening  books  of  subscription,  5. 

of  calling  in  capital  stock,  11. 
Public  worship,  road  not  to  pass  through  places  of,  13. 
Publication  of  annual  report,  17. 

Purchase  of  Main  Line  by  Pennsylvania  Railroad  Company  to  be  regulated,  63. 
Purchasers  of  the  Main  Line,  who  may  become,  62. 


GENERAL   INDEX. 


Purchasers  of  the  Main  Line,  certain  privileges  of,  09. 

compensation  to  owners  of  land  entered  upon  by,  08. 

credit  to,  G4. 

corporate  succession  of,  69. 

deed  to,  67. 

may  increase  their  capital,  62. 

may  resell,  62. 

may  purchase  and  improve  certain  roads,  64. 

may  enlarge  and  repair  the  works,  64. 

may  sell  or  lease  any  part  of  canals,  65. 

may  enter  on  lands,  &c,  68. 

notice  of  possession  by,  67. 

penalty  of  for  non-payment  of  bond  or  interest,  66. 

powers  of,  68. 

subject  to  all  contracts  made  by  the  State,  67. 

to  General  Railroad  Act,  63. 
to  purchase  transporters'  boats,  cars,  &c,  66. 
Purchase  money  for  Main  Line,  when  to  be  paid,  64. 

how  to  be  paid,  64. 

interest  on,  65. 

non-payment  of  subjects  the  works   to   sale   by 
State,  66. 


Qualifications  of  directors,  8,  38. 

Quarter  Sessions,  duty  of  in  reference  to  turnpike  roads,  30. 

order  of  in  such  cases,  30. 

to  approve  revised  survey,  60. 
Quorum  of  board  of  directors,  10,  82,  117. 


R. 

Railroad,  Pennsylvania,  route  of  to  be  fixed  by  company,  13. 
branch  of,  to  Erie,  13. 
construction  of  in  Philadelphia,  provisions  touching,  39. 

city  regulations  of,  39,  54. 
may  pass  through  dwellings,  27,  36. 
must  not  impede  the  passage  of  any  established  road,  16. 
not  to  pass  through  graveyard,  &c„  13. 

homestead,  29. 
penalty  for  willfully  obstructing,  16. 
to  be  a  public  highway,  18. 
to  unite  with  Harrisburg  road,  13. 
when  to  unite  with  Columbia  road,  13. 
width  of  ground  to  be  taken  for,  13. 


138  GENERAL   INDEX. 


Rates  of  fare,  18. 
toll,  18. 

by  whom  established,  18. 
Real  estate,  company  authorized  to  purchase  and  hold  certain,  in  Pittsburgh,  57. 

in  Lancaster   coun- 
ty, 70. 
company  authorized  to  sell  certain,  73. 
lien  on  not  discharged,  73. 

to  be  purchased  and  held  by  company,  for  what  purposes,  7. 
Record  of  ordinance,  omission  in,  corrected,  104. 
Repair  of  causeways,  87. 
Repealing  act,  45. 

Repealing  clauses,  27,  37,  40,  57,  60,  99,  103,  113. 
Report,  annual,  to  be  made  to  stockholders,  17. 
how  published,  17. 
when  to  be  made,  32. 
of  tonnage,  to  be  made  to  Auditor-General,  19. 
Re-possession  of  Main  Line  by  State,  70. 
Resolution  of  the  borough  of  Harrisburg,  113,  114. 
Resolutions  of  (he  city  of  Philadelphia,  100,  101. 
Road,  committee  on  the,  120. 
Route  of  Pennsylvania  Railroad  to  be  fixed  by  company,  13,  87. 

to  a  point  at  or  near  Pittsburgh,  13. 

S. 

Salaries  and  wages  of  officers  and  agents,  by  whom  fixed,  10. 
Sale  of  the  Main  Line,  61-70.     See  Main  Line  of  the  Public  Works. 
proceeds  of  to  be  paid  into  sinking  fund,  69. 
expenses  of,  how  paid,  69. 
Schuylkill  river,  authority  to  construct  wharves  on,  39. 
Secretary  of  the  company,  election  of,  10. 

duties  of,  10,  118. 
Security  of  officers  and  others,  10. 

Service  of  process  in  actions  against  the  company,  16,  87. 
Share,  each  entitled  to  one  vote,  9. 

when  not  entitled,  9. 
Shares  increased,  33. 

further  increased,  38,  48,  62. 
number  of  to  be  certified  to  governor,  6. 
to  be  ratably  diminished,  when,  6. 
when  forfeited,  11. 
Solicitor  of  the  company,  119. 

duties  of,  119. 
when  elected,  119. 


GENERAL   INDEX.  139 


Special  meetings  of  the  stockholders,  call  of  to  state  the  object,  8,  1 18. 

no  other  business  to  be  transacted  at,  9. 
notice  of,  118. 
of  the  board  of  directors,  117. 
Speed  of  cars,  94,  103,  112,  113. 
Standing  committees  of  the  board  of  directors,  120. 
State  agents  may  examine  books,  &c,  19. 

tax  on  Main  Line,  63. 
Stated  meetings  of  directors,  117. 
Statement  of  affairs,  &c,  88. 
Stock,  amount  of  municipal  subscriptions  to,  26. 

capital,  may  be  increased,  18,  33,  34,  38,  48,  62. 
certificates  of,  to  be  delivered  to  shareholders,  11. 
how  signed  and  sealed,  11,  119. 
transferable  at  pleasure,  11,  119. 
■when  not  transferable,  11. 
of  Chartiers  Valley  road,  subscription  to  by  Pennsylvania  Railroad  Com- 
pany, 70,  71. 
of  other  roads,   Pennsylvania  Railroad   Company  authorized  to   subscribe 

to,  34. 
par  value  of,  to  be  paid  by  Commonwealth  in  case  of  forfeiture  of  charter,  20. 
subscription  to,  79. 
Stockholders,  annual  meeting  of,  32,  38. 

twenty  days'  notice  of  to  be  given,  8,  118. 
may  be  convened  at  any  time  and  place,  8. 
special  meetings  of,  to  be  called  by  president,  8. 
call  of  to  state  the  object,  8. 
absent,  how  many  represented  by  proxy,  9. 
liability  of  for  unpaid  instalments,  11. 
may  be  sued  for  instalments  due  and  unpaid,  11. 
when  not  entitled  to  vote,  11. 
private,  to  elect  majority  of  directors,  26. 
when  to  receive  interest,  27. 
delinquent,  not  entitled  to  interest,  27. 
Storage,  company  authorized  to  collect,  39. 
Streets  of  Philadelphia  occupied  by  road  to  be  widened,  39. 
Subscribers  to  stock,  who  may  lawfully  be,  6. 
Subscription  to  the  stock,  form  of,  5. 

Subscriptions  to  stock  by  certain  boroughs,  how  directed,  49. 
Superintendents,  appointment  of,  10. 

Supplement  to  charter,  approval  of  stockholders  necessary  to  establish  a  certain,  40. 
Supplements  to  charter,  25-40. 
Suit  may  be  brought  for  unpaid  instalments,  11. 
Switches  in  Pittsburgh,  107,  108. 

construction  of,  111. 

city  regulations  of,  108-110. 


140  GENERAL   INDEX. 


T. 

Tax  on  tonnage  regulated,  18,  26,  27,  56. 

Taxation,  certain  certificates  of  loan  exempt  from,  43,  44,  48. 

Telegraph  line  on  line  of  road,  52. 

from  Pittsburgh  to  Harrisburg,  52. 
from  Harrisburg  to  Philadelphia,  52. 
adjacent  to  line  of  other  roads,  53. 
provisions  affecting  construction  of,  53. 
Term  of  service  of  president,  8. 

Timber  in  construction  of  road  to  be  obtained  from  owners,  14. 
Title  of  corporation,  7,  80. 

to  Main  Line,  further  legislation,  if  necessary,  to  pass,  69. 
Toll,  rates  of,  18,  65,  68,  69,  89. 

by  whom  established,  18. 
accruing  to  Commonwealth,  to  whom  paid,  19. 
Tolls  on  city  railroad,  61,  74,  93,  95,  97. 
Tonnage,  account  of,  may  be  kept  by  State  agents,  19. 
report  of,  to  be  made  to  Auditor-General,  19. 
charge  on,  to  be  a  lien  on  company's  property,  25. 
on  Main  Line,  63. 

tax,  coal  and  lumber  exempted  from,  56. 
regulated,  18,  26,  27,  56. 
Transferree  of  stock  a  member  of  the  corporation,  11. 
Transporters  on  the  Main  Line,  damages  of,  72,  73. 
Transportation  department  of  the  company,  119. 
Traveling  time  regulated,  94. 
Treasurer  of  the  company,  election  of,  10. 
bond  of,  117. 

condition  of,  10. 
duties  of,  117,  118. 
security  of,  10,  118. 

books  of,  open  to  inspection  of  directors,  118. 
Treasury  department  of  the  company,  119. 
Troops  and  munitions  of  war,  fare  and  freight  of,  17. 
Turnouts  in  Philadelphia,  98. 

regulations  of,  98. 
repair  of,  98. 

penalty  for  neglect  of,  98. 
privilege  of,  99. 
in  Pittsburgh,  107,  108. 

construction  of,  111. 
city  regulations  of,  108-110. 
Turnpikes  occupied  or  changed,  re-construction  of,  29. 

proceedings  when  company  neglects  to  re-construct,  30. 


GENERAL   INDEX.  141 


U. 

Uniontown,  lateral  road  to,  47. 

extension  of,  47. 
authorized  to  subscribe  to  stock,  49. 
Use  of  Main  Line,  all  parties  entitled  to,  65. 


Vacancies  in  board  of  directors,  how  supplied,  9,  38. 
Vacation  of  certain  streets  in  Pittsburgh,  33,  106,  107. 
Vice-president  of  the  company,  35,  117. 
Viewers  to  be  appointed  by  Common  Pleas,  29. 

duties  of,  28. 
report  of,  28. 
Quarter  Sessions,  30. 

duties  of,  30. 
report  of,  30. 
compensation  of,  32. 
penalty  of,  for  neglect  of  duty,  32. 

how  recovered,  32. 
Vote  by  proxy,  who  may,  9. 


W. 

Wagon  ways  to  be  made  for  private  persons,  16. 

Water  street,  Pittsburgh,  to  be  laid  out  by  company,  103. 

width  of,  103. 
West  Chester  Railroad,  connection  with,  in  Philadelphia,  38,  39. 
Western  Division  of  Canal,  abandonment  of,  63, 

regulated,  66. 
West  street,  Pittsburgh,  grant  to  lay  rails  on,  104. 
Wharfage,  company  authorized  to  collect,  39. 

Wharves  on  Delaware  and  Schuylkill  rivers,  construction  of  by  company,  39. 
Woodland  Cemetery  in  Philadelphia,  railroad  not  to  pass  through,  39. 


T. 

Youngstown,  borough  of,  to  subscribe  for  stock,  49. 


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